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HomeMy WebLinkAbout2011-1212 PECPEC Holiday Lunch MAIN AGENDA PLANNING AND ENVIRONMENTAL COMMISSION December 12, 2011 12:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 South Frontage Road West - Vail, Colorado, 81657 12:OOpm 1:OOpm 20 minutes 1. A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais - Moseley Subdivision Filing 1, and setting forth details in regard thereto. (PEC110058) Applicant: William and Pamela Bailey, represented by the Mauriello Planning Group Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: CONDITIONS: 40 minutes 2. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for the redevelopment of an approximate 5.24 acre portion of the Timber Ridge Village Apartments, with up to 279 new deed - restricted employee housing units; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 North Frontage Road West /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC110059) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITIONS: 20 minutes 3. A request for final review of a final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a re- subdivision of the Timber Ridge site, located 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC110060) Applicant: Vail Timber Ridge, LLC Planner: George Ruther ACTION: MOTION: SECOND: VOTE: CONDITIONS: 5 minutes Page 1 4. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Table to January 23, 2012 MOTION: SECOND: VOTE: CONDITIONS: 5 minutes 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of designated view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell ACTION: Table to January 23, 2012 MOTION: SECOND: VOTE: CONDITIONS: 5 minutes 6. A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Article 12 -713, Commercial Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Appellant: Bridge Street Building, LLC Planner: Rachel Dimond ACTION: Table to January 9, 2012 MOTION: SECOND: VOTE: CONDITIONS: 5 minutes 7. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Void Page 2 8. Approval of November 28, 2011 minutes MOTION: SECOND: VOTE: 9. Information Update 10. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 9, 2011, in the Vail Daily. Page 3 0) TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2011 SUBJECT: A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off - site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais - Moseley Subdivision Filing 1, and setting forth details in regard thereto. (PEC110058) Applicant: William and Pamela Bailey, represented by Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants, William and Pamela Bailey, own a home with an attached employee housing unit in the Dauphinais - Moseley Subdivision which is zoned Special Development District No. 22, Grand Traverse. The applicants are requesting to discontinue renting the existing employee housing unit, removing the associated employee housing deed restriction from their property by transferring it to an existing, non -deed restricted property elsewhere in Vail, and then integrating the former employee housing unit floor area into their home. The applicants are requesting these actions in compliance with the Town's adopted Employee Housing Unit Deed Restriction Exchange Program regulations. However, Special Development District No. 22, Grand Traverse, require that "The developer shall build a minimum of six employee dwelling units within the subdivision..." The employee housing unit attached to the Bailey's home is one of the six existing employee housing units built in the subdivision as required by the special development district (SDD). The applicants can not remove the employee housing unit or transfer the associated deed restriction from their property, as permitted by the Town's adopted Employee Housing Unit Deed Restriction Exchange Program, without first amending the SDD requirement that the six employee housing units be built within the Dauphinais- Moseley Subdivision. Town of Vail At this time, the six required employee housing units have been built within the special development district at: • Lot 1, 1402 Moraine Drive • Lot 5, 1410 Moraine Drive • Lot 10, 1420 Moraine Drive • Lot 13, 1426 Moraine Drive • Lot 18, 1700 Lions Ridge Loop • Lot 24, 1403 Moraine Drive The applicants are requesting the review of a major amendment to Special Development District No. 22, Grand Traverse, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for this application, subject to the findings noted in Section VIII of this memorandum. Attached for review is a vicinity map (Attachment A), the applicant's request (Attachment B), and Ordinance No. 25, Series of 2005 (Attachment C) which is the most recent ordinance version of the special development district. II. DESCRIPTION OF REQUEST The applicants, William and Pamela Bailey, are requesting to amend Special Development District No. 22, Grand Traverse, Section 5, Conditions of Approval, Sub- section C, as follows (Attachment B) (text to be added is indicated in bold italics and text to be removed is indicated in ° 4ke +h.eu,_Yh ;taAGS): "The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing era -site. The following restrictions shall apply to all employee dwelling units within SDD No. 22. 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, Sheetrock, plaster, and other similar wall finishes). The number of employee Town of Vail Page 2 units shall not be counted toward allowable density for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. from the primary unit to the employee unit. The developer may provide up to 23 employee dwelling units including the 6 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single- family garage or structure. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3. The Employee Housing Unit shall be leased to tenants who are full -time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full -time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any single - family dwelling it may be a part of 5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full -time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is Town of Vail Page 3 not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. 11. Existing deed - restricted employee housing units in Special Development District No. 22 may be exchanged Employee Housing Deed Restriction Exchange Program, as adopted by Ordinance No. 10, Series of 2011, and as codified in 12 -13 -5: Employee Housing Unit Deed Restriction Exchange Program." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this application, the Community Development Department recommends modifications to the proposed amendments. These modifications are intended to clarify the intent of the applicants' request. The proposed modifications are also intended to "clean -up" the existing unclear, outdated, and inconsistent provisions of the SDD language (text to be added is indicated in bold italics and text to be removed is indicated in strike th,-ou'9h itaA,S): SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND ENVIRONMENTAL COMMISSION REPORT The approval procedure prescribed in Section 12- 9A -10, Amendment Procedures, T44e 42, Chapter-9, SeG41 n ''n�Tthe Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. SECTION 3. PURPOSE Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary Town of Vail Page 4 to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12 -9A -8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Two - Family Primary /Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single- family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. SECTION 4. DEVELOPMENT PLAN A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais- Moseley Construction and consists of the following documents. 1. Site development plan, Lionsridge Resubdivision of Lots 1 -19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1 -19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais- Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat. A Resubdivision of Lot 5, Amended Final Plat. Dauphinais- Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1 -19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1 -8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1 -24, Lionsridge 5th Filing. Town of Vail Page 5 6. Lionsridge Color Palette, Arnold /Gwathmey /Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais- Moseley Subdivision recorded August 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acreage: The total aGFeage area of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The following uses shall be permitted uses fe in SDD 22 shag be. a. Single- family Fesideptia dwellings. b. Open space. c. Public roads. d. Employee dwe"p housing units as def" ed in SeGtiep ti paragraph _G further regulated by Subsection 5D of this ordinance and Chapter 12 -13, Employee Housing, Vail Town Code. 3. Conditional Uses: The following conditional uses shall be permitted in SDD 22, subject to the issuance of a conditional use permit in accordance with Chapter 12 -16, Conditional Uses, Vail Town Code: a. Public utility and public service uses. b. Public buildings, grounds and facilities. c. Public er and private schools. d. Public park and recreation facilities. 4. Accessory Uses: The following accessory uses shall be permitted in SDD 22: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12- 14 -12, Home Occupations, of the Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Town of Vail Page 6 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4- foot roof overhang shall be allowed in the front setback for Lots 15 -19, provided the rear setback is increased by 4 feet. A 4 -foot roof overhang shall be allowed in the rear setback of Lots 20 -24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2 feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1 -14 and Lots 20 -24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single- family dwelling units on the entire property. n minimum °f6 °m.,'^„°° d,^ e &pg „pits ha# be equi A maximum of 23 employee dwe&pg housing units shall be permitted on the entire property. 7. Building Height: For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated peK SeEti n '''' -'' -'' of the Vag Town Code pursuant to Section 12 -2 -2, Definitions, Vail Town Code. 8. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall mean the ,-at,^ e ^^'�„s be calculated pursuant to Section 12 -2 -2, Definitions, Vail Town Code. 9. Parking: Parking shall be saved in - 49e 42 Ohapt °r 40 of the provided pursuant to Chapter 12 -10, Off Street Parking and Loading, Vail Town Code. Each employee dwell p housing unit within SDD 22 shall be equi'°^'t^ have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: Town of Vail Page 7 a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single- family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners. b. Color. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold /Gwathmey /Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicates a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. Buildin_g Standards and Materials. The following building standards and materials shall be adhered to. (1) Roof. The roof pitch shall be a minimum 8112 and a maximum of 12112. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and °,,;°,^, b„ the Design o°, eiy geaFd. The roofing material shall be synthetic wood shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be r°W°i Town of Vail Page 8 (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off - white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will shall have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure, except under decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. (9) Outdoor Lighting, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15, as calculated pursuant to Section 14- 10-7, Outdoor Lighting, Vail Town Code, regardless of lot size. (lUtd199r lighfc oo Whinh nnnfnrv» Ai (l dr 9a Ge #')') 4 Tes Tf T 49 9 ' c;h p# ho rex n � n t.'Tr-rn te rTeT7 ghti g chall ho roe ,.ewed by the ORR (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address /nameplate, if desired by the owner, shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax. The recreation amenities tax shall be assessed at the rate for a Single- Family Residential Zen e District. SECTION 5. CONDITIONS OF APPROVAL A. The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at the Eagle County Clerk and Recorder's Office. Town of Vail Page 9 B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's Office prior to a building permit being released for any construction on Lots 2, 5, 7, 9 or 10. C. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide a minimum of 6 deed - restricted employee housing on site units. These required employee housing units may be located within SDD 22, off -site, or a combination thereof. Any required employee housing units located within SDD 22 shall be subject to the restrictions outlined in Subsection 5D of this ordinance. Any required employee housing units located off -site shall be subject to the provisions of Chapter 12 -13, Employee Housing, Vail Town Code. The required employee housing units, both on -site and off -site, shall be eligible for exchange in accordance with the procedures outlined in Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. D. The following restrictions shall apply to all employee dwe&p housing units, required and non - required, within SDD 4G.- 22: 1 The deo� loner ha# "i i d o minimum of 4 omnlevoe rhniolli g up "44ip the sub G44 r. Each employee dweXp housing unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is a#ewed to shall have a kitchen or kitchenette. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, sheetrock, plaster, and other similar wall finishes). The number- er- of ovnn/o� a unite 7 2. The employee dwe&p housing units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dweXp housing unit shall be allowed per lot with a maximum of 23 employee housing units allowed. A-n Each employee d housing unit shall be incorporated into the structure of the nr'' - -'i - - '4enG-9 single- family dwelling and shall not be allowed to be separated from the ' 4 single- family dwelling. Each employee Hag' housing unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single - family garage or structure. E°^" phase of nonofr„nfion ha# inGlude Town of Vail Page 10 3. The employee housing unit shall be leased to full -time employees who work in Eagle County. An E=H The employee housing unit shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full -time employee is one who works an average of thirty hours each week. 4. An E=H The employee housing unit may not be sold, transferred, or conveyed separately from any the single- family dwelling it may is a part of 5. The €-H-U employee housing unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Vail Town Code. 6. No later than February 1 of each year, the owner of each employee housing unit within SDD 22 the tn�"'n whinh is Gepstr, Gted fb#GO ,inO th, effee#4 date of this ohanter shall submit Ave oonies of a report nn a f tO be Obtainer/ from the ('Omm,ini4e De�i !Gpment (lenartrnent to fho the own of Vail Housing Auther44, setting feFth a sworn affidavit on a form provided by the Town of Vail to the Community Development Department containing the following information: evidence establishing that the employee housing unit has been rented throughout the year by an employee, the rental rate, the employer, and evidence to demonstrate that aae44 at least one tenant who resides within the employee housing unit is a full -time employee in Eagle County. 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12- Town of Vail Page 11 P-101MIROM M-10-111 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12- Town of Vail Page 11 13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 8.-9- The provisions of these Festr4Gtive Geyen°n restrictions maybe enforced by the Owner and fh —Td� The provisions of these restrictions may also be enforced by the Town of Vail in accordance with Chapter 12 -3, Administration and Enforcement, Vail Town Code. 9.4-9- The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. E. D- The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. SECTION 6. AMENDMENTS Amendments to Special Development District No. 22 shall follow the procedures c-entaiped-ip See prescribed in Section 12- 9A -10, Amendment Procedures, Vail Town Code. SECTION 7. EXPIRATION The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Town of Vail Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Vail Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. III. BACKGROUND The subject property was annexed into the Town of Vail, along with other properties in the vicinity, on August 15, 1979, by Ordinance No. 29, Series of 1979. On August 29, 1979, the Vail Town Council adopted a final plat which in part subdivided the subject property as Lots 1 -19, Block B, Lion's Ridge Subdivision Filing 3. Town of Vail Page 12 On August 16, 1988, the Vail Town Council adopted Ordinance No. 23, Series of 1988, to establish Special Development District No. 22. The stated purpose of this district was in part: "...there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary /Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general. " On April 17, 1990, the Vail Town Council adopted Ordinance No. 13, Series of 1990, amending Special Development District No. 22 concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. In part, Section 5 of this ordinance includes the condition of approval that: "G. The development of Special Development District No 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22. The developer shall build a minimum of six employee dwelling units within the subdivision..." On May 14, 1990, the Town of Vail Planning and Environmental Commission approved the re- subdivision of the subject property as the Dauphinais - Moseley Subdivision Filing 1. This plat includes notes that: "The Development Standards for this final plat entitled ... which include the total acreage of this resubdivision, permitted uses, conditional uses, accessory uses, maximum GRFA for Lots 1 through 24 inclusive, setbacks, density, building height, site coverage, parking, and other design guidelines shall be set forth in Ordinance No. 13, Series of 1990 entitled ..." The provisions of Special Development District No. 22, Grand Traverse, were subsequently amended as follows: • Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. Town of Vail Page 13 • Ordinance No. 10, Series of 1991, concerning lot size and corresponding GRFA and employee dwelling units and architectural guidelines. • Ordinance No. 32, Series of 1991, providing typographical and wording corrections. • Ordinance No. 25, Series of 2005 (Attachment C), concerning the elimination of GRFA limitations within the district and the number of lots. • January 21, 2008, Staff approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes). On January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008, to establish an employee housing deed - restriction exchange program. The stated purpose of these new regulations was as follows: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted." On June 21, 2011, the Vail Town Council amended the employee housing deed - restriction exchange program through the adoption of Ordinance No. 10, Series of 2011. The purpose of the exchange program regulations was amended to read as follows: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail." On September 26, 2011, the Planning and Environmental Commission reviewed a similar application for a major amendment to Special Development District No. 29, The Valley Phase II. The Commission forwarded a recommendation of approval to the Vail Town Council to allow the on -site employee housing requirements of The Valley Phase II to be met off -site through the employee housing unit deed restriction exchange program. On October 18, 2011, the Vail Town Council adopted Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District NO. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in Town of Vail Page 14 accordance with the provisions of section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12 -9A -1: PURPOSE AND APPLICABILITY: A. Purpose. The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the town, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12 -9A -2: DEFINITIONS: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEM. Any proposal to change uses, increase gross residential floor area, change the number of dwelling or accommodation units, modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions'; or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. 12 -13 -5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM: A. Purpose. The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing Town of Vail Page 15 unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage ", or chapter 24, "lnclusionary Zoning ", of this title or as part of an approved development plan. C. Definitions. For the purpose of this section. COMMERCIAL JOB CORE. Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. Exchange EHU. The existing non -price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU. The existing dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. D. General Requirements. The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on to another dwelling unit, and /or the payment of a fee -in -lieu. Exchange EHU requirements. a. The exchange EHU shall not be part of any employee housing project developed or deed - restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on -site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. 2. Proposed EHU requirements. a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or Town of Vail Page 16 have any other requirements deemed to be similarly restrictive by the Administrator. c. The proposed EHU shall comply with the minimum size requirements shown in Table 13 -2. TABLE 13 -2. MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. f. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs. a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one -half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given. If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any Town of Vail Page 17 form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12- 23-7 and 12 -24 -7, Vail Town Code. 5. Fee -In -Lieu. The applicant may elect to provide a fee -in -lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee -in -lieu equal to the following formulas. Existing EHU sgft x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees..., " the formula for fee -in -lieu payment is. [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 1 b. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees... ", and If the exchange EHU is outside of the commercial job core, the formula for fee -in -lieu payment is. [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees... ", and is within the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 3 F. Review Process. 1. Submittal Requirements. The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and /or modified by the administrator and /or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and /or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures. Town of Vail Page 18 a. Administrator Review. The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority. b. Vail Local Housing Authority Review. The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review. Upon receipt of the report and recommendation of the authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the council may deny the application. 3. Criteria and Findings. a. Criteria. Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application. 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation, and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12 -23 -3, Vail Town Code, and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee, and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. Town of Vail Page 19 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC PLAN OBJECTIVES F. Increase and maintain deed - restricted housing within the Town to encourage the efficient use of resources by placing employees closer to their place of work. It is understood there is a reduced need for personal automobiles and reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics that result in opportunities to reduce parking associated with affordable housing in selected locations. To the extent these opportunities can be realized, without negative impacts on the overall community, they will be explored. EMPLOYEE HOUSING UNITS EXCHANGE PROGRAM The Town will conduct a review of the "dispersed housing units" that have been created under the density bonus provisions allowed by Town Code since 1982. It is estimated that 123 units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is believed that many of these units are not being used to house employees as anticipated by the program. Although these units are covered by various types of deed restrictions, the requirements are not uniform and in many cases are not meeting the objective of providing long -term dispersed employee housing. The Town will evaluate the current program and will consider a "deed restriction exchange program" as a part of this overall effort. The program would likely permit, at the initiation of the landowner, the exchange of small rental units for a larger for -sale, price appreciation capped employee housing unit. Guidelines for the program will be developed. It is expected that these standards will address recommended size of units, location, homeowner's fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units, not currently in use, could be leveraged into permanently restricted units by using this technique, it could represent an important element of this overall plan. The Units Exchange Program is to increase the quality and the Town of Vail Page 20 total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G. V. SITE ANALYSIS Addresses: 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop Legal Description: Lots 1 through 24, Dauphinais - Moseley Subdivision Filing 1 Zone District: Two - Family Primary/Secondary District (underlying) SDD No. 22, Grand Traverse Land Use Designation: Medium Density Residential Geologic Hazards: None VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais - Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect the design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Town of Vail Page 21 Existing Use Zoning District North: Residential Two - Family Primary/Secondary District West: Residential Two - Family Primary/Secondary District Lodge Public Accommodation 2 District East: Residential Low Density Multiple - Family District Residential Two - Family Primary/Secondary District South: 1- 70 /Hwy.6 n/a VII. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais - Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect the design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Town of Vail Page 21 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff finds that allowing the removal of the on -site employee housing units will reduce the density of the subdivision which will continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. The housing opportunities provided by these existing employee housing units will be continued in accordance with the Employee Housing Unit Deed Restriction Exchange Program regulations. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 12 -10, Vail Town Code. Staff finds that allowing the removal of the on -site employee housing units will improve compliance with parking and loading requirements as outlined in Chapter 12 -10, Off Street Parking and Loading, Vail Town Code. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff finds the application conforms to Town of Vail Employee Housing Strategic Plan recommendations for an employee housing exchange program. 5. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within a mapped geologic hazard area, so Staff finds this criterion to not be applicable. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais - Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect any natural features, vegetation or the overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Town of Vail Page 22 Staff finds that allowing the removal of the on -site employee housing units will reduce the density of the subdivision and will reduce demand on the existing vehicle and pedestrian traffic both on and off site. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais - Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect the existing landscaping or open spaces. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built and the Dauphinais - Moseley Subdivision Filing 1 has already been implemented, so Staff finds this criterion to not be applicable. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for the proposed major amendment to Special Development District No. 22, Grand Traverse. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval for the major amendment to Special Development District No. 22, Grand Traverse, pursuant to Section 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais- Moseley Subdivision Filing 1, subject to the modifications outlined in Section 11 of Town of Vail Page 23 the December 12, 2011, staff memorandum, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section Vlll of the December 127 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. The proposal to amend Special Development District No. 22, Grand Traverse, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code, and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Ordinance No. 25, Series of 2005 Town of Vail Page 24 IN is Qr r. R4 Town of Vail Page 25 N A 7 IN SPECIAL DE V-EI,OPMENT DISTRICT NO, 22, GRAND TRAVERSE Applicant: William & Pamela Bailey 1420 Moraine Dr. Vail, CO 81657 Representative: Mauriello Planning Group PO Box 4777 Eagle, CO 81631 Major Amendment to SDD NO. 22 to Allow the Grand Traverse Neighborhood to Participate in the EHU Exchange Program. I VM I gel Mouriello Planning Group I. Introduction William and Pamela Bailey own a home located at 1420 Moraine Drive /Lot 10, Dauphinais - Moseley Subdivision Filing 1, with a deed - restricted employee housing unit within the Grand Traverse Special Development District. Based upon the recent changes to the Employee Housing Exchange Program, the applicants would like to participate in this program like any other owner of a deed restricted employee housing unit within the Town. However, the Grand Traverse neighborhood is within Special Development District No. 2.2 (SDD #22), Grand Traverse, and the existing language of the adopting ordinance of SDD #22 must be amended to allow participation in the exchange program, While the language of the Chapter 13, Employee Housing, Section 12 -13 -5 (A and B) states that the exchange program "applies to existing employee housing units," Town Staff indicated that to participate in the EHU Exchange Program, a major amendment to SDD #22 is necessary. This proposed change would allow any properties with an EHU in the Grand Traverse neighborhood to participate in the program. The applicant agrees with the Town staff that this amendment is necessary to clarify the applicability of the exchange program to this SDD. Should the proposed amendment be approved, the applicants will be requesting a transfer of the deed restriction to a currently non - deed- restricted unit in accordance with Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. The recorded deed restriction on the Bailey property is for a 796 sq. ft. EHU and as a result, the proposed exchanged employee housing unit will have to be at least 1,592 sq. ft. (if outside the commercial job core), the size of which is much more suitable to accommodating a family on a long term basis. Once the existing EHU is exchanged, the Bailey Residence remains in compliance with zoning and GRFA standards as contained in SDD #22. II. Special Development district No. 22, Grand Traverse The area included within SDD #22 was annexed into the Town of Vail by Ordinance 29, Series of 1979 which became effective on August 15, 1979. SDD #22 was created from 10.69 acres of land with an underlying zoning of Primary/ Secondary zone district by Ordinance 23, Series of 1988. It included the creation of the Dauphinais - Moseley Subdivision Filing 1, recorded in 1990 consisting of 24 lots and 3.741 acres of open space. In October of 2004, Ordinance 14, series Town of Vail Zoning Map indicating SDD No. 22, Grand Traverse of 2004, amended the GRFA regulations of the Town of Vail. Because SDD #22 limited GRFA to less than was allowed by the underlying zoning, the Grand Traverse neighborhood was unable to take advantage of the increase in GRFA of the zone district. Also, with the new GRFA regulations, the Grand Traverse owners could no longer request 250 additions or interior conversions, In addition, the SDD did not allow the properties to use the basement deduction allowances of the new GRFA regulations. 'ulZei Mourie to Planning Group 1 Due to these inconsistencies with the new GRFA regulations, on January 2, 2006, The Town Council approved Ordinance 25, Series of 2005, which eliminated GRFA in SDD #22. As a result, bulk and mass is regulated by the other development standards of SDD #22 and GRFA is no longer a limiting factor. III. Proposed Amendments Section 5 of Ordinance 25, Series of 2005, is the section which outlines the conditions of approval of SDD #22, and includes Section S.C. which are the conditions specifically related to the Employee Housing Requirements of the SDD. Section S.C. is proposed to be amended as follows (language to be added is indicated in bold- italic and language to be removed is indicated in str4ke thru it e: The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Malley Area, in order to help meet this additional employee housing need the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No 22: I. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed Sal] square feet and is allowed to have a kitchen. The square footage of an employee hous,'ng unit shall be measured from the inside face of the walls creating the unit (i.e not including furring, sheetrock, p)aster, and other similar wall finishes.) The number of employee units shall not be counted toward allowable density for Special Development District No 22. The developer may choose to transfer up to 300 sq. ft. from the primary unit to the employee unit. The developer may provide up to 23 employee dwelling units including the 6 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage porkingg space. This parking space shall not be detached from the single - family garage or structure. Each phase of construcrion shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rentol. 3. The Employee Housing Unit shall be leased to tenants who are full -time employees who work in Eagle County_ An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full -time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any single-family dwelling it may be a part of. S. The EHU shall not be divided into any form of timeshores, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. �v161c] IA—iclla PI... my Group 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full -time employee in Eagle County, 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent far similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenit'es throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. if the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. in addition to any other penalties and restrictions provided herein, a unit fauna' to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Voil and the Owner of the property. 11. Notwithstanding the above restrictions, deed- restricted employee housing units within Special Development District No. 22 shall be allowed to participate in the Employee Housing Deed Restriction Exchange Program, as adopted by Ordinance No. 10, Series of 2011, and as codified in 12 -13 -5: Employee Housing Unit Deed Restriction Exchange Program. IV. Criteria for Review The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the fallowing standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment to allow participation in the exchange program does not affect design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation, as none of these components change. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. �uI Z Cl Me- v,;010 Planning GF—P 3 The exchange of any on -site employee housing units will reduce density and will improve the workable relationship with surrounding uses and activity. The purpose of the on -site employee housing unit was to provide more employee housing, but also potentially house someone who would manage the facilities on -site. Since many employee housing units are not utilized by someone working on -site, the use may be better suited at a location near transportation and job cores. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The removal of the employee housing units will reduce the parking requirements of dwelling units. As a result, any owner choosing to participate in the EHU Exchange Program will remain in compliance with the parking requirements of Chapter 10, Vail Town Code. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The application complies with Objective F of the Town of Vail Employee Housing Strategic Plan, which calls for "placing employees closer to their place of work." The removal of the on -site employee housing units and relocation to somewhere closer to public transportation and /or the job core will improve the employee experience and will provide for a more usable employee housing unit. Further, the Town of Vail Employee Housing Strategic Plan calls for an exchange program, which was created as a result of the plan. This exchange program is being proposed to be utilized in order to replace an underperforming EHU with a performing EHU and to provide employee housing of sufficient size to allow for families to live long term within the Town. S. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. This criteria is not applicable to this application. The EHU in question is not located in a hazard area. fs. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The are no changes to design or bulk and mass required for the implementation of this amendment and therefore this criteria is not applicable. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The exchange of employee housing units on -site will reduce congestion on and off -site. This is the result of fewer vehicles likely traveling to this location, fewer units accessed off of shared drives, and less pedestrians walking down the street to reach public transportation. EV91 Zd Mouriello PEonning Group n 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Because the structures, site, and landscaping plans are not changing due to this amendment, this criteria is not applicable. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Because the structures within the SDD are not changing, and the Sip is mostly built out, this criteria is not applicable. IMV I ;ICI Mauriello Planning Group r .4 • ORDINANCE NO. 25 Series of 2005 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9, SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WITHIN THE DISTRICT AND THE NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998 Special Development District No. 22, Grand Traverse; and WHEREAS, The president of the Grand Traverse H.O.A. has requested to amend the existing Special Development District No. 22; and WHEREAS, Section 12 -9A -10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and • WHEREAS, The applicant has complied with the requirements outlined in • Section 12 -9A -10 of the Vail Town Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On September 26, 2005, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 22, Grand Traverse; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re -enact Ordinance No. 9, Series of 1998 to provide for certain changes in Special Development District No. 22, Grand Traverse. 11 • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby repealed and re- enacted to read as follows: Section 1. Amendment Procedures Fulfilled Planning Commission Report The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Section 2. Special Development District No. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Section 3. Purpose Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12 -9A -8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Primary/Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current coning of the property. The smaller single - family lots provide the opportunity for a common 2 • open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Development Plan A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais - Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1 -19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. • 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1- 19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais - Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 710, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais- Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1- 19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1 -8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1 -24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey /Pratt Architects, March 1990. • 7. The subdivision plat for Dauphinais- Moseley Subdivision recorded August 3 • 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 shall be: 4 a. Single family residential dwellings b. Open space c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: • a. Public utility and public service uses b. Public buildings, grounds and facilities C. Public or private schools d. Public park and recreation facilities 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single - family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12 -14 -12 of the Vail Town Code. C. Other uses customarily incidental and accessory to permitted or • conditional uses, and necessary for the operation thereof. 4 • 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4 -foot roof overhang shall be allowed in the front setback for Lots 15 -19, provided the rear setback is increased by 4 feet. A 4 -foot roof overhang shall be allowed in the rear setback of Lots 20 -24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2' feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1 -14 and Lots 20 -24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single - family dwelling units on the entire property. A minimum of 6 employee • dwelling units shall be required. A maximum of 23 employee dwelling units shall be permitted on the entire property. 7. Building Height: For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 12 -2 -2 of the Vail Town Code. 8. Site Coveraae: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the • exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include 5 . all buildings, carports, porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. 9. Parking: Parking shall be as required in Title 12, Chapter 10 of the Vail Town Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall • be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey /Pratt dated March 1990. Colors are indicated for • the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. R n • The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. C. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. • (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off - white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure except under decks where substantially concealed by landscaping. • (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. 7 • (9) Outdoor Lighting, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15 regardless of lot size. Outdoor lights which conform with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB. (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address /nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, • special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a single - family residential zone district. Section 5. Conditions of Angroval A. The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at the Eagle County Clerk and Recorder's Office. B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's Office prior to a building permit being released for any construction on Lots 2, 5, 7, 9 or 10. • C. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley • Area. In order to help meet this additional employee housing need, the • developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, Sheetrock, plaster, and other similar wall finishes). The number of employee units shall not be counted toward allowable density for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. from the primary unit to the employee unit. The developer may provide up to 23 employee dwelling units including the 6 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single - family garage or structure. Each phase of construction shall include a minimum of one employee dwelling 9 • unit until six employee dwelling units are constructed and available f&rental. 3. The Employee Housing Unit shall be leased to tenants who are full -time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full -time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any single - family dwelling it may be a part of. 5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. • 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full -time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate • consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 10 • 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements • contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. D. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. 11 • Section 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 8. • If any part, section, subsection, sentence, clause or phrase of. this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. 12 • Section 10. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be • construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of December, 2005 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor �0.�'' k ATT /T: i • : sEAL orel i Donaldson, Town Clerk i %6- INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING ORDERED PUBLISHED IN FULL this 3rd day of January, 2906? Rodney E. Slifer, Mayo relei onaldson, t6ii6 Clerk 13 SEAL TOWN OF VAIL Memorandum TO: Town of Vail Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2011 SUBJECT: A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for the redevelopment of an approximate 5.24 acre portion of the Timber Ridge Village Apartments, with up to 279 new deed - restricted employee housing units; a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, and request for final review of a final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a re- subdivision of the Timber Ridge site, located at 1280 North Frontage Road West/Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC110059 and PEC110060) Applicant: Vail Timber Ridge, LLC and the Town of Vail Municipal Corporation Planner: George Ruther SUMMARY The applicant, Vail Timber Ridge, LLC and the Town of Vail Municipal Corporation, represented by Rick Pylman, of Pylman & Associates, are requesting a review of amendments to an Approved Development Plan for the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. The proposal would remove nine existing apartment buildings containing 102 apartment units and replace them with three new, attached apartment buildings containing 279 deed restricted housing units, in four -story tall buildings, 424 space parking garage and a resident's clubhouse According to the Official Zoning Map of the Town of Vail, Lots C1 - 5 of the Lions Ridge Subdivision are zoned Housing (H) District. As such, all future development on the site shall comply with the applicable provisions of the Housing District development standards and processes. A complete zoning analysis for the project is outlined in Section V of this memorandum. Based upon staff's analysis of the criteria for review of the proposed project, as outlined in Sections VII - IX of this memorandum, staff is recommending that the Town of Vail Planning & Environmental Commission: • Approves, with conditions, and modifications, the applicant's request to amend an Approved Development Plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments site, • Approves, with conditions, and modifications, the applicant's request for a crossover drive aisle width reduction from 30 feet to 26 feet 10 inches, and • Forwards a recommendation of approval, with conditions, and modifications, the applicant's request for a final plat to allow for a re- subdivision of the Timber Ridge site, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1. DESCRIPTION OF THE REQUESTS On November 14, 2011, the applicant submitted a development review application to the Town of Vail Community Development Department for amendments to their Approved Development Plan. The PEC approved the current Development Plan at the March 22, 2010 hearing. Below is a summary of the proposed amendments to the Approved Development Plan. Summary of the Proposed Amendments December 12, 2011 March 22, 2010 Proposed Amendment Approved Plan % Change 279 Units 359 Units 22% Reduction 431 Bedrooms 544 Bedrooms 18% Reduction 602 — 737 Employees Housed 760 — 930 Employees Housed 20% Reduction 17 Studio Units 22 Studio Units 23% Reduction 110 One - Bedroom Units 138 One - Bedroom Units 20% Reduction 152 Two - Bedroom Units 192 Two - Bedroom Units 20% Reduction 199,693 Maximum GRFA 424 Parking Spaces 68' Maximum Building Height 73' Maximum Tower Height Amended Landscape Plan 68,736 sq. ft. Landscape Area 252,628 Maximum GRFA 520 Parking Spaces 79' Maximum Building Height 100' Maximum Tower Height Landscape Plan Condition 68,736 sq. ft. Landscape Area 21% Reduction 18% Reduction 14% Reduction 27% Reduction Proposed No Change The applicants are proposing to redevelop the easternmost 5.24 acres of the Timber Ridge Village Apartments development site and construct a new four -story tall building extending approximately 800 feet along the North Frontage Road (Attachment A — Town of Vail Page 2 Vicinity Map). The new building will contain up to 279 new employee housing units capable of housing between 602 — 737 employees. According to the amended development plan, the 279 units will be a mix of studio units (6% or 17), one bedroom units (39% or 110) and two bedroom units (55% or 152). The western half of the site (96 apartments) will remain operational throughout the redevelopment construction process. A new four -level enclosed, parking garage will be constructed on the site along with improved public transit facilities to meet the minimum parking and transportation needs of the residents of the development. A 7,911 square foot clubhouse will be constructed within the redevelopment. The clubhouse includes an exercise area, offices, a cyber cafe, a club room and business /conference room space. A written narrative from the applicants, entitled "Timber Ridge Amendment to an Approved Development Plan Application ", date stamped November 14, 2011, describing the amendment application requests is attached for reference (Attachment B). A reduced copy of the proposed plan is attached for reference (Attachment C). Proposed Eastern Portion Redevelopment Total Range of Average # of % of Square Feet Number of Number of Employees Employees Units Unit Mix of Units Bedrooms Bedrooms / Unit Housed 17 6% 393 s . ft. Studio 17 1.15- 1.35 19-23 530-650 110 39% sq. ft. One 110 1.5 - 2.0 165-220 786-931 152 55% s . ft. Two 304 2.75-3.25 418-494 279 100% 431 602-737 * source — Vail Town Code and the Town of Vail Employee Housing Strategic Plan Crossover Drive Aisle Width Variance The applicants are requesting a reduction in the minimum required width for a crossover drive aisle width within the proposed parking structure. Section 14 -5 -1, Minimum Standards, Vail Town Code, requires a minimum of 30 feet of drive aisle width for two - way traffic flow within a parking structure. Crossover drive aisle width is the measurement used to ensure necessary distance for a vehicle to make a 90 degree or greater turn to change drive aisles. Within the proposed parking structure the applicants are proposing to reduce the crossover drive aisle width to 26 feet 10 inches (3 feet 2 inch variance). A letter from Parking Consultants, LLC, dated April 19, 2010, detailing the request has been submitted for review (Attachment F). Final Plat The applicants are requesting review of a major subdivision application to create a new final plat of the Development Site. The purpose of the final plat is to facilitate redevelopment of the property by creating two new lots, the necessary easements and allow for the future transfer of ownership of the property. As proposed, Lots C1 -5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 Town of Vail Page 3 acres (210, 830 sq. ft.) in size and Lot 2 would be approximately 5.242 acres (228,342 sq. ft.) square feet in size. According to the land use summary noted on the proposed final plat, the total size of the major subdivision shall be approximately 10.082 acres. A reduced copy of the proposed final plat is attached for reference (Attachment D). III. BACKGROUND The Town of Vail acquired Timber Ridge Village Apartments in 2003 for $20 million to preserve the deed restricted employee housing designation on the property. Constructed in 1981, Timber Ridge is Vail's largest deed - restricted employee housing complex, currently consisting of 198 rental apartment units on ten acres. Each of the existing units is 745 sq. ft. in size with two bedrooms and one bathroom. Presently, the eastern portion of the Timber Ridge Village Apartments provides housing to more than 306 persons (three occupants per unit X 102 units). Existing Timber Ridge Village Apartments Total Average Number Number Employees # of % of Square Feet of of Employees Housed Units Unit Mix of Units Bedrooms Bedrooms I Unit Today 198 100% 745 sq. ft. 2 396 3.0 594 IV. APPLICABLE PLANNING DOCUMENTS Vail Town Code Article 12 -61, Housing (H) Zone District 12 -61 -1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12 -61 -8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the olannina and environmental commission. variations to the oarkina standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would reauire. For example. a demonstrated need for a reduction in the required parking could include Town of Vail Page 4 A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12- 61 -10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). Chapter 12 -17, Variances 12 -17 -1: PURPOSE, VARIANCES: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Chapter 14 -5. Parkina Lot and Parkina Structure Desian Standards 14 -2 -1, DEFINITIONS CROSSOVER (SWITCHBACK OR 90 DEGREE TURN): The area on a driveway where the turning angle of the centerline of the driveway curvature is ninety degrees (900) or greater. CROSSOVER AISLE: The drive aisle where a ninety degree (900) or greater turn is required by a vehicle to change drive aisles. 14 -5 -1: MINIMUM STANDARDS: This section (table 5) specifies the parking lot standards for all uses excluding residential uses under three (3) units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation, and multiple- family development. These standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum standards. When two (2) or more standards conflict the more restrictive standard shall apply. Town of Vail Page 5 TABLE 5 PARKING LOT DESIGN STANDARDS Angle Of Minimum Parking One -Way Space I Drive Aisle Crossover 17' F drive aisle V. ZONING ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation: Current Land Use: Lot Size: Geologically Sensitive Areas Development Standard Min. Lot Area: Density Control: Min. Setbacks: Front: Sides: Rear: Max. Building Height: Max. GRFA: Max. Site Coverage: Min. Landscape Area: Min. Parking: Minimum Two -Way Drive Aisle 30' 1280 North Frontage Road Lots C1 -05, Lions Ridge Filing No. 1 Housing District Medium Density Residential Medium Density Residential Dwellings 5.24 acres/ 228,254 square feet High Severity Rockfall Required determined by PEC determined by PEC 20' (north) 20' (east) 20' (west) 20' (south) determined by PEC determined by PEC Minimum Parking Stall Size And Clearance n/a Proposed 228,254 sq.ft.(5.24 acres) 53.24 d.u. /ac. (279 d.u.) 55% unless at least 75% of parking is covered and approved by the PEC 68,476 sq. ft. (30 %) Per Chapter 10 (550 spaces), or a max. 25% reduction (413 spaces) approved by the PEC based upon the Parking Management Plan provided 25' (north) 20' (east) 50' (west) 54' (south) 73' (tower element) 68' (building) 199,693 sq. ft. 97,448 sq. ft. (43 %) 68,736 sq. ft. (30 %) 424 spaces min. Town of Vail Page 6 VI. SURROUNDING LAND USES AND ZONING VII. CRITERIA AND FINDINGS, DEVELOPMENT PLAN The review criteria and findings for evaluation for the review and consideration of an amended development plan are prescribed in Section 12 -61 -13 of the Zoning Regulations. According to Section 12- 61 -13, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A list of the applicable design criteria are outlined in Section IV of this memorandum. 12- 61 -13: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Architecture The proposed redevelopment project is intended to be an assemblage of four new residential buildings wrapping three sides of a new above -grade parking garage. As designed, there are an East, West, Center and Parking Garage buildings. The four buildings are physically connected to one another in an east to west alignment extending approximately 800 feet along the length of the building envelope. The residential buildings will have sloping roof gable and hip roof forms with pitches of up to 7:12 and a mix of stone, stucco and cementitious wood siding on the exterior. Additional design accents such as wooden shutters, south facing exterior decks and balconies and exposed wood beams and structural bracing are included on the proposed buildings. The applicants were scheduled for a public hearing before the Town of Vail Design Review Board on Wednesday, December 7, 2011. The applicant will return to the Design Review Board on December 21, 2011 for a final review. Staff believes the architecture of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Town of Vail Page 7 Current Land Use Zoning Land Use Designation North: Residential Two - Family Primary /Secondary Low Density Residential South: Interstate 70 ROW Not Zoned Not Designated East: Residential High Density Multiple Family High Density Residential Residential West: US Postal Service High Density Multiple Family High Density Residential Residential VII. CRITERIA AND FINDINGS, DEVELOPMENT PLAN The review criteria and findings for evaluation for the review and consideration of an amended development plan are prescribed in Section 12 -61 -13 of the Zoning Regulations. According to Section 12- 61 -13, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A list of the applicable design criteria are outlined in Section IV of this memorandum. 12- 61 -13: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Architecture The proposed redevelopment project is intended to be an assemblage of four new residential buildings wrapping three sides of a new above -grade parking garage. As designed, there are an East, West, Center and Parking Garage buildings. The four buildings are physically connected to one another in an east to west alignment extending approximately 800 feet along the length of the building envelope. The residential buildings will have sloping roof gable and hip roof forms with pitches of up to 7:12 and a mix of stone, stucco and cementitious wood siding on the exterior. Additional design accents such as wooden shutters, south facing exterior decks and balconies and exposed wood beams and structural bracing are included on the proposed buildings. The applicants were scheduled for a public hearing before the Town of Vail Design Review Board on Wednesday, December 7, 2011. The applicant will return to the Design Review Board on December 21, 2011 for a final review. Staff believes the architecture of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Town of Vail Page 7 Character The buildings have been designed as an assemblage of three residential buildings connected to one another. The east and west buildings are similar in design and form. These buildings are designed with double - loaded corridors for internal circulation and contain south facing exterior courtyards for access to the buildings and passive outdoor recreation. These two buildings have been designed to be up to four stories in height. The third, or "center ", building utilizes a single - loaded corridor for internal access and is also four stories tall. The "center" building provides the front fagade intended to screen the view of the parking garage. As designed, the "center" building creates a townhouse appearance along the North Frontage Road. The final building is the wrapped parking garage. The parking garage contains the required off - street parking spaces for the development, a resident's storage area, and access to trash and recycling facilities. The parking garage is accessed directly from the North Frontage Road. The style of the residential buildings can be characterized as maintaining an alpine form of design. Sloping roof forms, hip and gable roof ends, steeply pitching tower elements and a mixture of stone, stucco and wood make up the exterior building materials. The color palette selected for the buildings is an assortment of light and dark earth -tone colors. Architectural elements such as wooden decks, exposed beam ends, decorative bracing and covered main entrances have been incorporated to accentuate the character of the buildings. Scale and Massing The scale of the proposed buildings is large when compared in context with surrounding uses and structures. There is little doubt that the proposed building will be one of the larger buildings constructed in the Town of Vail. The applicants have attempted to mask the scale and mass of the building by providing vertical articulation to the roof line and building mass. For example, the easternmost portions of the building have been lowered in height to more directly relate to the existing scale and massing of the Savoy Villas Condominiums residential units on the neighboring property. Additionally, the visual scale and massing of the parking garage was reduced by filling in and flattening out the grades on the north side of the parking garage. This change in grading substantially reduces the long, extensive linear mass of the parking garage and buries nearly 100% of the parking garage below grade. Staff believes the scale and massing of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Orientation The buildings are sited predominately on an east to west orientation and generally parallel with the North Frontage Road and Lions Ridge Loop. The orientation of the buildings is driven primarily by the shape and configuration of the platted development site. Four south facing exterior courtyards have been proposed along the south edge of the buildings. The four courtyards are designed to provide useable outdoor passive recreation areas for the residents of the buildings. According to the sun /shade analysis, the courtyards will receive varying amounts of direct sunlight throughout the year. A four Town of Vail Page 8 story tall enclosed parking garage has been oriented in the center portion of the site and screened on three sides by the proposed residential buildings. The north side of the garage has been substantially buried below grade to screen the structure from the view of the public. Staff believes the orientation of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Responsiveness to the site The buildings and improvements have been designed to be responsive to the site. Nearly all of the activity associated with the site occurs along the south - facing edge of the development site. Both pedestrian and vehicle access to the buildings is taken from the south side. The buildings have been located as far as practical to the south so as to minimize the amount of encroachment into the steeply sloping north hillside. To that end, however, the applicants are also seeking approval of a retaining wall height variance in order to facilitate development on the site. Responsiveness to the surrounding neighborhood and uses Several revisions have been made to the original proposal in order to increase the responsiveness of the building and uses to the surrounding neighborhood. For instance, the mass of the easternmost portion of the buildings was reduced to better relate to the mass and orientation of the existing Savoy Villas Condominiums. In addition, the westernmost end of the building was redesigned to lower the finish floor elevation to more closely match that of the existing North Frontage Road and pedestrian path. As a result, a significant amount of retaining walls were eliminated and substantial numbers of pedestrian stairs were removed. One important opportunity for improving compatibility with adjacent uses was not pursued however. The proposed building continues to maintain an entrance /exit on the east end building. This entrance /exit, while convenient, has the potential to negatively impact the use and enjoyment of the residential property to the east. Given the high volume of traffic this entrance will likely see, it might be better suited for another location. If this entrance /exit were simply relocated to the other side of the hallway, the potential for any negative impacts would be significantly reduced and the resident's use of the courtyard likely enhanced. Responsiveness to the Community The Timber Ridge Village Apartments redevelopment is in direct response to an identified community need. Through the adoption of the Town of Vail Employee Housing Strategic Plan the need for employee housing was quantified and a goal for the community was set. In response to this need, the Town has actively pursued the redevelopment of the site. Given the central location of the site to the identified job cores, its proximity to public transit facilities and its ability to accommodate a significant amount of infill development, this redevelopment site is well- suited for a project of this scope and size. Town of Vail Page 9 C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. Functionality and Aesthetics The landscape plan needs further revision and attention. A well- designed and implemented landscape plan has the opportunity to bring numerous improvements and enhancements to the overall project, both functionally and aesthetically. First, the sizes of trees should be increased to be more reflective of the scale and mass of the buildings. Four story tall buildings and a predominance of 6' — 8' tall spruce trees are not compatible. A greater variety of tree sizes should be incorporated to better integrate the buildings into the context of the neighborhood. A significant landscape screen is needed along Lions Ridge Loop to again mask the scale of the building and provide greater visual interest to both persons passing by the site as well as the residents living in the units on north side of the buildings. By and large, there is effectively no landscape on the north side of the building. Greater consideration should be given to the planting plan. In many areas native aspen trees are used in a very linear, street tree form which is foreign to their more natural appearance. Instead, a more random and organic planting plan should be pursued to ensure the development fits into the mountain environment that is Vail. Attention should be given to where trees and planting are placed to optimize their aesthetic and environmental value to the overall development. All of the trees proposed along the south side of the fire lane /pedestrian path should be relocated on the site to avoid conflicts with the buried water and sewer lines. The area is more conducive to shrubs, perennial beds and turf. As such, the area could also be better utilized for much needed snow storage areas. Special attention needs to be directed towards maintaining safe sight distance triangles at driveway entrances. The landscape plan has been amended to reflect the conditions of the August 4, 2010 Design Review Board approval. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Safe, Efficient and Aesthetically Pleasing Circulation System Timber Ridge Village Apartments are located along the North Frontage Road. The North Frontage Road provides direct vehicular and pedestrian access to the site. A secondary pedestrian access is available to the site from Lions Ridge Loop. A series of pedestrian sidewalks and a shared fire lane /pedestrian path provides pedestrian circulation on the site. Vehicles will access the site in two locations; one at the main entrance to the parking garage and a second entrance at the west end of the building nearest the public transit stop. An enhanced public transit stop is proposed to be constructed to accommodate the anticipated significant increase in bus ridership. The public transit Town of Vail Page 10 stop is designed to accommodate up to four buses at any given time (two east bound /two west bound). Special consideration should be given to the impact that this development may have on the Town's ability to provide convenient and efficient public transit services. More than 100 riders have been witnessed waiting at the transit stop during peak periods of the day and year. It should be reasonably assumed that these types of number will continue or increase. 1 -70 imposes a significant barrier to pedestrian movements north /south across the valley. To date, the Town has studied opportunities for constructing a pedestrian bridge over I- 70 linking the development site to the south side of 1 -70. In studying the opportunities the Town has concluded that finding a location to land the south end of the bridge remains one of the greatest barriers to constructing the improvements as there is little to no area of public right of way. The improvements would have to be located on private property. Snow Storage Three levels of the parking garage are enclosed and protected from the weather. The top deck of the garage, however, is exposed to the elements. As such, snow will accumulate on the top during the winter months. As presently designed, no accommodations for snow storage or snow removal is provided. Staff recommends the applicants revise the proposed plans ensuring that adequate snow storage and snow removal is addressed. The current proposal does not comply with the Town's adopted regulations. Cross Over Drive Aisle Width Title 14, Development Standards, of the Vail Town Code, in part, prescribe minimum design standards for parking garages. According to Title 14, the minimum width of a cross over aisle in a parking structure is thirty feet (30'). The purpose of this standard is to ensure adequate clearances for the flow and circulation of traffic. Inadequate flow and circulation area for traffic results in decreased levels of service and functionality. As presently designed, the parking garage has twenty -four foot (24') wide cross over aisles. Staff recommends the applicants submit written documentation from a qualified traffic consultant documenting the difference in level of service and functionality between the designed aisle width and the minimum required width. This information will be used to evaluate whether the designed aisle width is acceptable. D. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Environmental Impact Report An environmental impact report was prepared for the Timber Ridge redevelopment project in accordance with the applicable provisions of the Zoning Regulations of the Town of Vail and submitted to the Town of Vail Community Development Department for review and consideration. Chapter 5, Cumulative & Long -term Effects & Irreversible Environmental Changes, of the report entitled, "ENVIRONMENTAL IMPACT REPORT, Town of Vail Page 11 Timber Ridge Redevelopment Project" dated January, 2010, prepared by Western Ecological Resources, Inc, of Boulder, Colorado, concludes the following: 5.1 Hydrology 5.1.1 Surface Water The proposed redevelopment of the eastern portion of Timber Ridge would have no cumulative, long -term effect or irreversible environmental change on the surface water hydrology of the project site. 5.1.2 Ground Water The proposed development would have a slight, cumulative long -term effect or irreversible environmental change on the ground water hydrology of the project site due to dewatering of building foundations via underdrains. 5.2 Atmosphere The slight increase in hydrocarbon pollutants generated by the development and associated vehicular traffic represents a cumulative and long term effect. However, Kimley- Horn's traffic analysis concludes that redevelopment of Timber Ridge would have an overall effect of reducing traffic within Vail because employees would reside closer to their workplace. The majority of residents in Timber Ridge utilize public transportation. 5.3 Geology & Hazards At the March 22, 2010, public hearing the applicant presented a report from HP Geotech discussing the long -term risks presented by the rockfall hazard and four conceptual mitigation methods which could be implemented. At the time of the March approval of the Timber Ridge Development Plan a condition was included requiring the applicant to return to the Commission subsequent to a feasibility analysis and preliminary cost estimates were completed, and an option selected. The Commission would then evaluate the selected option for its compliance with the Vail Town Code. Since March 22, 2010, the Town has purchased the land upon which the rock fall hazard is located, above the Timber Ridge development site. The applicant is proposing to mitigate the identified rockfall hazards through the use of multiple strategies: • Dislodge and remove all rocks which are of a size that can be manipulated; • Anchor all rocks which are of a size which cannot be manipulated by drilling into the rocks and the slope and using steel cable and grout /epoxies to affix them in place; and • Place a steel net over larger areas of hazard which is anchored to the slope. 5.4 Soils Because this is a redevelopment project, it would not result in any new cumulative or long -term impacts to the native soil. As described in the Geotechnical Study completed by HP Geotech, the site is overlain by fill material from the initial development. 5.5 Vegetation Resources The proposed project would create only a negligible long -term change in the plant community as areas of ornamental vegetation are impacted and replaced with similar ornamental vegetation. 5.6 Wildlife Resources The proposed redevelopment would not have any significant long -term impacts or irreversible environmental changes on wildlife resources. The site is already a high- Town of Vail Page 12 density residential development, and there will be no change in land use or vegetation resources. 5.7 Noise Noise generated by the proposed development and associated vehicular traffic would create a slight cumulative and long -term environmental change, however given the proximity of the Interstate -70 corridor, this change will be negligible. 5.8 Visual Resources Redevelopment of the eastern portion of Timber Ridge would create an irreversible change on the visual resources of the area. However, this would be a positive impact because the aging buildings would be replaced with newer, updated buildings with an aesthetically pleasing architectural style that compliments other developments within the Town of Vail (Figure 11). 5.9 Land Use The proposed project would not result in changes to the land use as one high- density residential development will be replaced with a similar high- density residential development. 5.10 Circulation & Transportation Long -term traffic estimates included in Kimley- Horn's Traffic Impact Study (2010) assume the entire Timber Ridge site is re- developed to include 700 units by 2025. Their analysis estimates the development would generate 77 new vehicle trips during the peak morning hour and 142 new vehicle trips during the peak afternoon hour of the peak winter ski season. Likewise there would be 337 new person trips during the peak morning hour and 424 new person trips during the peak afternoon hour on the public transportation system. Kimley -Horn reports that the full build -out may have a significant impact on the Town of Vail's public transit system and states that additional busses may be needed to accommodate this use. The Traffic Impact Study will need to be updated once the final development plan has been determined. 5.11 Population The redeveloped apartment buildings will support a larger population, an increase estimated between 8 and 143 employees. This represents a cumulative and permanent increase in the population of the Town. F. Compliance with the Vail comprehensive plan and other applicable plans. A component of the Vail Comprehensive Plan is the Employee Housing Strategic Plan that was adopted in September, 2008. The Plan outlines action steps for the Town to achieve its deed restricted employee housing goal: "To ensure there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail." Two objectives the Plan identifies is Vail's need to "keep up" with new deed restricted employee housing demand as it is created and the need to "catch up" with existing deed restricted employee housing deficiencies. The Town adopted Commercial Linkage and Inclusionary Zoning requirements for new development to ensure the amount of deed restricted employee housing keeps up with increasing employee demand. The Plan recognizes the Town has the unique obligation of catching up with existing deficiencies. Town of Vail Page 13 The proposed redevelopment of the easternmost portion of Timber Ridge is the most significant opportunity the Town has to address existing deed restricted employee housing deficits. The following figures illustrate the challenge Vail faces in meeting its goal: Vail's Deed Restricted Housing Gap Existing Jobs 9,100 30% of Vail's Employees EHUS 725 Units Existing Deed Restricted Gap New Employee Beds '/2 Timber Ridge Redevelopment Chamonix Neighborhood 6,100 Employees (emp. = more than 1 job) 1,830 Employees -1,196 Beds (avg. 1.65 emps /unit) 634 Beds 292 New Beds on average 73 New Beds on average Remaining Deed Restricted Gap To Achieve the Goal 269 New Deed Restricted Beds VIII. CRITERIA AND FINDINGS, VARINACE Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested crossover drive aisle width variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response - The requested variance to reduce the crossover drive aisle width from 30 feet to 26 feet 10 inches will have no impact to existing or potential uses and structures in the vicinity. The reduction in width by 3 feet 2 inches is internal to the proposed parking structure and will only affect those utilizing the structure. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff Response — In response to the request the Town of Vail Public Works Department required a letter from a parking specialist discussing the request and potential impacts which may result from a reduction in crossover drive aisle width. The applicant submitted a letter from Parking Consultants, LLC, dated April 19, 2010, which speaks to the Town's requirement and the industry standards. The Town of Vail's minimum requirement of 30' for a cross over aisle is designed to achieve a minimum Level of Service (LOS) of C. The letter from the parking consultant identifies that the proposed reduction to 26'10" maintains this LOS due to the expected conditions. The letter highlights two conditions that allow for the reduction; that the parking structure is Town of Vail Page 14 IX expected to maintain a low volume of traffic and that only residents of the project will be utilizing the structure and will gain familiarity of the circulation. Per industry standard and per the basis of the Town requirement these two conditions allow for a reduction in cross over aisle width. The Town's minimum standard is established to provide the minimum acceptable width for the numerous differing parking structures within the Town. In many cases parking structures are used by visitors and short -term occupants with less familiarity with a particular parking structure. The Town of Vail Public Works Department believes that the proposed reduction will maintain the desired LOS and will not compromise the function of the parking structure for the intended users. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff Response — The proposed reduction in crossover drive aisle width will have no negative effect on the above listed elements as they are internal to the proposed structure. CRITERIA AND FINDINGS, FINAL PLAT Chapter 3, Major Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribes the review criteria for a request for a major subdivision. Pursuant to Section 13 -3 -6, Final Plat, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13 -4 -2 of the Subdivision Regulations. According to Section 13-4 - 2C, Review and Action on Plat, "The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the major subdivision or the major subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider" The burden of proof shall rest with the applicant to demonstrate that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The purpose of the final plat is to facilitate redevelopment of the site by creating two new lots and the necessary easements and allow for the future transfer of ownership of the property. As proposed, Lots C1 -5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 acres (210,830 sq. ft.) in size and Lot 2 would be approximately 5.242 acres (228,342 sq. ft.) square feet in size. A reduced copy of the proposed final plat has been attached for reference (Attachment D). Town of Vail Page 15 According to Section 13 -3 -4, Commission Review of Application; Criteria, Vail Town Code, "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of the Chapter, Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " One of the basic premises of subdivision regulations is that minimum standards for the creation of a new lot must be met. This project will be reviewed under the Major Subdivision Criteria, pursuant to Section 13 -3 -4, Subdivision Regulations, Vail Town Code. 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff Response - The Vail Land Use Plan identifies the property proposed for subdivision with this application as High Density Residential and states, in part, the following: "The housing in this category would typically consist of multi - floored structures with densities exceeding 15 dwelling units per buildable acre. " Further, the site was acquired by the Town of Vail in 2003 with the expressed purpose of preserving deed - restricted employee housing within the Town of Vail. The sole purpose of this subdivision request is to facilitate the redevelopment of a portion of the site for future deed restricted employee housing. Staff believes the proposed major subdivision is in compliance with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff Response - The land included in this major subdivision proposal is zoned Housing District. The purpose of the Housing District is: "The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards Town of Vail Page 16 prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. " Further, the proposed final plat has been reviewed for compliance with the applicable provisions of Title 13, Subdivision Regulations. Upon review, it has been determined that the proposed plat, with minor administrative corrections, complies with the requirements of the Vail Town Code. Staff believes the proposed major subdivision is in compliance with this criterion 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response — The expressed purpose of the major subdivision application is to facilitate the redevelopment of Timber Ridge Village Apartments. Once subdivided, the easternmost 5.24 acres of the development site shall be redeveloped in keeping with the municipal development objectives of providing deed - restricted employee housing within the Town of Vail. Staff believes the proposed major subdivision is in compliance with this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff Response — As the proposed subdivision is in compliance with the applicable provisions of Title 13, Subdivision Regulations, future development in the areas surrounding the Timber Ridge Village Apartments will have little, if any, negative effects. Staff believes the proposed major subdivision is in compliance with this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a 'leapfrog" pattern of development, and Staff Response — The proposed subdivision is a resubdivision of five existing platted lots. As such, no extension to public utilities is required. While extensions are not required, upgrades and expansion of the existing services are required. Pursuant to the proposed development plan, the applicants are required to obtain roughly $90,000 worth of additional water rights for the property. The applicants are currently working with Town of Vail Page 17 representatives from the Eagle River Water and Sanitation District (the "District ") to execute a written agreement guaranteeing the District's ability to serve the Development Site. All other public utility companies have provided written sign -offs to the Town of Vail verifying their ability to serve the Development Site. Staff believes the proposed major subdivision is in compliance with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff Response — All of the public utility providers supplying services to the subdivision and the Development Site were consulted and signed off on the ability to serve the Development Site. Final confirmation from the District is pending. Residential and fire flow calculations were analyzed and the appropriate upgrades to the water supply system have been identified on the proposed development plans. Staff believes the proposed major subdivision is in compliance with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response — Timber Ridge Village Apartments were acquired by the Town of Vail for the expressed purpose maintaining deed restricted employee housing. To that end, the development site was recently rezoned to the Housing District. The sole purpose of the Housing District is to provide development standards to facilitate the development of deed restricted employee housing. The proposed major subdivision application is intended to facilitate the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. If approved, the future redevelopment provides deed - restricted housing for up to 737 employees. Pursuant to the Town of Vail Employee Housing Strategic Plan, "The Town of Vail (community) recognizes the need for housing as infrastructure the promotes community, reduces transit needs and keeps more employees living in town and will provide enough deed - restricted housing for at least 30% of the workforce through policies, regulations, and publicly initiated development." Staff believes the proposed major subdivision is in compliance with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response - The proposed major subdivision will have minimal, if any, adverse impacts on the natural environment. This area has already been legally platted and subsequently developed. If approved, the subdivision merely re- subdivides five existing lots into two new lots. Town of Vail Page 18 Staff believes the proposed major subdivision is in compliance with this criterion. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. X. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Town of Vail Planning and Environmental Commission, approves with conditions and modifications, the applicants' request to amend the approved Development Plan, pursuant to section 12 -61- 11, Development Plan Required, Housing Zone District, Vail Town Code, allowing for the redevelopment of an approximate 5.24 acre portion of Timber Ridge Village Apartments, with up to 279 new deed - restricted employee housing units. Staff's recommendation is based upon the review of the criteria and findings outlined in Section VII of this memorandum and the evidence and testimony presented before the Commission. Should the Town of Vail Planning and Environmental Commission choose to approve with conditions, and modifications, the amended development plan, the Community Development Department recommends the Commission makes the following findings, "Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks provide adequate availability of light, air and open space. 3. Proposed building setbacks provide a compatible relationship with buildings and uses on adjacent properties. 4. Proposed building setbacks result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 5. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 6. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 7. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Town of Vail Page 19 8. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 9. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 10. Compliance with the Vail comprehensive plan and other applicable plans." Variance The Community Development Department recommends the Town of Vail Planning and Environmental Commission approves the request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1. Staff's recommendation is based upon the response to the review criteria in Section VIII of this memorandum. Further, staff recommends the approval of the Final Plat carries with it the conditions of approval described in Section X of this memorandum. Should the Town of Vail Planning and Environmental Commission choose to approve with conditions and modifications, the variance request, the Community Development Department recommends the Commission makes the following findings, "Upon review of the request for a variance to the crossover drive aisle width, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that does not apply generally to other properties in the Housing District. Town of Vail Page 20 c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Housing District. " Final Plat The Community Development Department recommends the Town of Vail Planning and Environmental Commission forwards a recommend of approval with conditions and modifications of the applicants' request of a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision. Staff's recommendation of approval is based upon the review of the criteria and findings outlined in section IX of this memorandum and the evidence and testimony presented before the Commission. Further, staff recommends the approval of the Final Plat carries with it the conditions of approval described in Section X of this memorandum. Should the Town of Vail Planning and Environmental Commission choose to forward a recommend of approval with conditions and modifications of the major subdivision request, the Community Development Department recommends the Commission makes the following findings, "Upon review of the request for a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision, the Planning and Environmental Commission finds: 1. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " Conditions Should the Town of Vail Planning and Environmental Commission choose to approve with conditions and modifications, the amended development plan the Community Development Department recommends the Commission includes the following conditions, For purposes of the following conditions of approval, the term "Developer" shall mean Vail Timber Ridge, LLC or its successors, the term "Town" shall mean Town of Vail and the term "Project" shall mean the development plan for the redevelopment of the easternmost portion of Timber Ridge Village Apartments. Any approvals granted by the Town of Vail Planning & Environmental Commission (PEC) shall only be effective upon the approval date of each of the two amendment application requests. Should one of the development applications be denied or fail Town of Vail Page 21 to be approved, then none of the applications are approved and the proposal is denied in its entirety. 2. The Developer shall submit a revised set of drawings to the Town of Vail Community Development Department for review and approval depicting the rockfall mitigation fence along the south side of Lions Ridge Loop within the property boundaries of Lot 2, Timber Ridge Subdivision. The mitigation fence shall be designed and constructed in accordance with the regulations prescribed in Chapter 12 -21, Hazard Regulations, of the Town of Vail Zoning Regulations. The revised set of drawings must fully comply with the applicable regulations of the Town of Vail prior to the issuance of any building permit for the Project. 3. The Developer shall submit a detailed waste removal management and operations plan specifically describing how waste and recycling will be accommodated and managed on the site. The plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit for the Project. 4. The Developer shall submit an executed deed restriction for Lot 2, Timber Ridge Subdivision, approved by the Town of Vail, demonstrating compliance with Chapter 12 -61, Housing District, and Chapter 12 -13, Employee Housing, Zoning Regulations of the Town Vail, prior to the issuance of a building permit for the Project. The deed restriction shall be noted on the Final Plat prior to recording the Final Plat with the Eagle County Clerk & Recorder's Office. The deed restriction shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of any Certificate of Occupancy on Lot 2, Timber Ridge Subdivision. 5. The Developer shall submit a construction staging plan to the Town of Vail Community Development Department for review and approval which addresses such matters as materials staging, construction parking plan, construction and occupancy phasing, temporary access, construction schedule, temporary utilities, traffic control, emergency access, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 6. The Developer shall record a revocable right of way permit for any and all private property improvements located with the Town of Vail right of way. Said permit shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a building permit for the Project. 7. The Developer shall submit a Shoring and Excavation Plan to the Town of Vail Community Development Department for review and approval, which addresses such matters as excavation phasing, engineered shoring plans, detailed profiles and cross - sections, existing utilities, materials storage, permanent and temporary easements, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 8. The Developer shall submit revised plans to the Town of Vail Community Development Department demonstrating compliance with the list of issues identified in the memorandum to George Ruther, Director of Community Development, from Town of Vail Page 22 Public Works, dated November 30, 2011 Said plans shall be submitted for revi( applicable regulations of the Town of ` building permit. IX. ATTACHMENTS and attached for reference (Attachment E). N and approval and fully comply with all ail, in conjunction with the submittal of a A. Vicinity Map B. Timber Ridge Amendment to an Approved Development Plan Application, date stamped November 14, 2011 C. Development Plan Set, date stamped November 14, 2011 D. Proposed Final Plat (Timber Ridge Subdivision), date stamped February 11, 2010 E. Memorandum to George Ruther, Director of Community Development, from Public Works, dated November 30, 2011 F. Letter from Parking Consultants, LLC April 19, 2010 Town of Vail Page 23 Attachment A: VicindyMap Town of Vail Page 24 TIMBER RIDGE AMENDMENT TO AN APPROVED DEVELOPMENT PLAN APPLICATION NOVEMBER 14 2011 TIMBER RIDGE DEVELOPMENT PLAN r lu" M01130" M 0 11 NOVEMBER 14, 2011 Applicant Vail Timber Ridge LLC 7700 C.F. Jordan Drive El Paso, Texas Project Architect Humphreys and Partners Architects 5339 Alpha Road Suite 300 Dallas, Texas Consulting Architect Victor Mark Donaldson Architects 48 E. Beaver Creek Boulevard 9 207 Avon, Colorado Civil Engineer Alpine Engineering, Inc. PO Box 97 Edwards, Colorado Land Planning Pylman & Associates, Inc. 137 Main Street, C 107W Edwards, Colorado Timber Ridge Amendment to Approved Development Plan 2 November 1, 2011 TABLE OF CONTENTS 1.0 Introduction 1 1.1 Summary of Request 1 2.0 Existing Development Plan Approval 2 3.0 Proposed Amendment to Approved Plan 3 3.1 Detailed Zoning Analysis 3 4.0 Housing District Criteria for Evaluation 7 5.0 Current Conditions of Approval 11 6.0 Summary 12 Tables Unit Tabulation Chart D Timber Ridge Amendment to Approved Development Plan 3 November 1, 2011 1.0 Introduction 1.1 Summary of Request The purpose of this application is to provide information relative to a request for an amendment to an existing Development Plan approval for the proposed re- development of 5.24 acres of the existing Timber Ridge apartments. Timber Ridge is located at 1280 North Frontage Road. The legal description for the property is Lots 1 thorough 5, a resubdivision of Lion's Ridge Subdivision Block C, Town of Vail, CO. The Town of Vail Zoning map designates Timber Ridge as Housing District (H). Development within the Housing District must receive Development Plan approval in accordance with the parameters and review criteria described in Chapter 12.61 of the Vail Municipal Code. This application contains the information required by Chapter 12.61 of the Vail Municipal Code to review and approve this application. Timber Ridge Amendment to Approved Development Plan November 1, 2011 2.0 Existing Development Plan approval Timber Ridge was constructed in 1981 and remains the largest employee housing complex in the Town of Vail. The ten -acre site includes 198 two bedroom, one bath rental units in sixteen buildings. Each unit is 745 square feet in size. The Town of Vail purchased Timber Ridge for $20 million in July of 2003. In July of 2007, anticipating a redevelopment of the property, the Town rezoned Timber Ridge to the Housing (H) District. In December of 2008 the Town issued a Request for Proposals seeking interested and qualified development teams to redevelop approximately one half of the property. This process led to the selection of the Vail Timber Ridge LLC team. A development agreement between the Town of Vail and Vail Timber Ridge LLC was entered into in October of 2009. The development agreement stipulates a redevelopment of the eastern half of the ten acre site and stipulated that Vail Timber Ridge LLC deliver 359 EHU's capable of housing a total of 570 beds. A Timber Ridge Development Plan application was submitted to the Town of Vail in January of 2010 and after a public open house process and several Planning Commission hearings the application was approved by the Town of Vail Planning & Environmental Commission on March 22, 2010. The PEC review process resulted in changes to the building design that improved the ground level site plan, site circulation and pedestrian scale design elements. Slightly rearranging the upper level building mass also resulted in revised rooflines that allowed for a greater variation in the building height. These revisions all resulted in an approval of a slightly reduced density of 352 Employee Housing Units and 520 parking spaces. The PEC action included approval of the proposed development plan and approval of a retaining wall height variance, and also included nine conditions of approval, which will be outlined later in this document. Upon PEC approval the project proceeded to the Design Review Board and on August 4 of 2010 the DRB granted final design review approval, with associated conditions. Timber Ridge Amendment to Approved Development Plan 2 November 1, 2011 3.0 Proposed Amendments to Approved Plan The proposed Timber Ridge project financing involves a very detailed and involved US Department of Housing and Urban Development (HUD) review process. The outcome of that intensive review process has been a requirement to lower the density of the proposed development. The Town of Vail approved Development Plan is currently for 3S2 units totaling 544 bedrooms. The HUD financing approval limits the proposed plan to 279 units. This has necessitated a fairly straightforward re- design of the approved development plan. The lower density has been achieved by, in simple terms, eliminating one entire floor from the mid level of the approved five -story building. This includes removing one level from the approved five level parking garage. This re- design strategy allows the project to meet the HUD financing requirements while maintaining the integrity and spirit of the Town of Vail PEC and DRB approvals. No site revisions are required or proposed, other than some minor re- grading on the north side of the building along the lowered parking structure. The overall appearance and form of the PEC and DRB approvals is maintained. Building materials and colors have been slightly rearranged to match the reduced bulk and mass of the building scale and to coordinate with direction previously received from the DRB pertaining to the appropriate assemblage and proportion of the range of building materials and colors. The site plan, including vehicle circulation, surface parking, bike and pedestrian paths, fire lane design, courtyard designs, the enhanced bus stop and the landscape plan for the front of the building remain intact and unchanged. The ground level and first floor plans remain as approved, with a 7,900 foot athletic clubhouse, and the building entries, lobby and mail box area remain unchanged. The entire roofline has been lowered by one full story. This includes lowering the five level parking structure to a four level structure. All roof forms remain exactly as approved. There is no change to the utility service plans or to site drainage plans. 3.1 Detailed Zoning Analysis The stated intent of the Housing District is to ensure that employee housing is appropriately located and designed to meet the needs of residents of Vail, Timber Ridge Amendment to Approved Development Plan 3 November 1, 2011 to harmonize with surrounding uses, and to ensure adequate light, air and open spaces. There are no changes proposed to the existing approval for Permitted Uses, Conditional Uses, Setbacks, Site Coverage, Landscaping and Site Development Standards, or Lot Area and Site Dimensions. There are revisions to the following standards: Parking, Building Height and Density Control. Parking The Housing District, in recognition of the unique nature and characteristics of employee housing, allows for, at the discretion of the planning and environmental commission, a reduction of up to a maximum of 25% of the parking requirements outlined in Chapter 10 of the Vail Land Use Code. This reduction may be is based on a demonstrated need for fewer parking spaces than required by Town Code. The current Timber Ridge Development Plan approval is for 352 units and 520 parking spaces, which represents a reduction of approximately 22% from the standard town requirements. The basis for allowing this reduction in the development plan approval was the significant improvements proposed to the bus stop located on the Timber Ridge site and the high level of transit service planned for this location. The current bus stop is little more than a wide spot at the edge of the Frontage Road. The proposed improved bus stop is physically separated from the roadway and has room to accommodate several buses at once. The amended plan proposes 279 units. There are 17 units less than 500 square feet in size and 262 units greater than 500 square feet. This equates to a parking requirement of 550 parking spaces. The amended plan includes a total of 424 parking spaces. Of these spaces 419 are located within the parking garage and 5 are exterior surface parking spaces. There are 77 compact spaces and 9 handicap designated spaces. This total of 424 spaces represents a 22% reduction from the Town of Vail standards. While the overall unit and parking numbers have both decreased the requested reduction from the Town of Vail standards remains at 22 %, less than the 25% allowable and consistent with the current approval. Building Height The approved building includes 3, 4 and 5 story elements and steps vertically with the site grade on both the east -west and north -south axes. The highest ridgeline measures at 76 feet, 9.5 inches above grade with several Timber Ridge Amendment to Approved Development Plan 4 November 1, 2011 architectural projections extending above this height. The rear five story element measures at 70 feet, 10.5 inches above grade. The proposed amendments drop the entire building down by one floor. The proposed building now consists primarily of three and four -story elements with a small area of two -story massing located at the eastern end of the building. Density Control In October of 2009 Timber Ridge LLC and the Town of Vail entered into a development agreement that outlines the parameters of the proposed redevelopment of the 5.24 -acre portion of Timber Ridge. This agreement stipulates a density of 359 Employee Housing Units capable of housing 570 beds. Minor changes in building massing and height through the initial development plan review process resulted in a minor density reduction to this number. The density approved by the PEC currently stands at 352 Employee Housing Units. The proposed density of the amended plan is 279 Employees Housing Units and a total of 431 beds. A unit tabulation chart detailing unit type, size and count follows this page. Timber Ridge Amendment to Approved Development Plan 5 November 1, 2011 Timber Ridge Amendment to Approved Development Plan November 1, 2011 kI;I ;J, Ij,, 1- Pj :71 Fn -4 --4 93 cr � ?-7 CT W, 00 -4 M 11, 1,1 4- CO � N.) LC> ro r,;. co {n c.0 pj Cn 4 ip M3 Cp to co U3 LID 4 Lri cl� rs� C-3 C-3 ik G Yfi lip Z� LO pa � DD Gs -4 I - -.:, i� aa A m z W C-h CO 03 A.- c.3 rn Timber Ridge Amendment to Approved Development Plan November 1, 2011 ik Yfi November 1, 2011 4.0 Housing District Criteria for Evaluation The Housing District describes six criteria that shall be used by the staff and planning and environmental commission as the principal means for evaluating a proposed development plan. For the purposes of this application for amendment to an approved development plan the applicant response below compares the amended plan to the current approved plan. Those criteria and the applicant's response to each follows below: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and surrounding neighborhood. Applicant's response: The amendment to the approved development plan reduces the proposed density from 352 EHU's to 279 EHU's. This represents a reduction of 20% of the unit count and is a substantial reduction in the bulk and mass of the building. The strategy of revising the building by lowering the height by one full story reduces the scale of the building while maintaining the site design elements that were so carefully crafted through the previous review and approval process. As the previous plan was found to be compatible with this finding the proposed amendment should further the compatibility of the building design with the adjacent properties and surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. The elements of the original design that were important to this finding all remain intact. The proposed Timber Ridge plan provides improvements that have been specifically designed to produce a functional development plan. A tremendous amount of parking is hidden from public view by a four level parking garage. Unit access and pedestrian circulation occurs primarily within the enclosed building. Unit floor plans remain unchanged, and remain functional and livable. Laundry facilities remain in each individual unit. The clubhouse plan remains unchanged. Timber Ridge Amendment to Approved Development Plan 7 November 1, 2011 The site itself remains be the best available high density residential employee housing opportunity in the Town of Vail. Frontage Road and transit stop improvements are responsive to the site and the neighborhood. The building massing on the east end is meant to be responsive to the only residential neighbor. The lowering of the building improves this relationship. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The 10 -acre Timber Ridge site is currently home to 198 two - bedroom apartment units in 16 buildings, with extensive surface parking and site retaining walls. The proposed redevelopment site of 5.24 acres includes 106 of those existing units. The existing development has already impacted the original natural features of this site. The proposed plan does maximize opportunities for access and use by the resident public by the design of the courtyard spaces. The courtyard design performs the dual function of providing a significant break in the front facade of the building and also, in response to this criterion, provides a location for functional and aesthetic public spaces. The courtyards have varied landscape design themes that include a plaza for intimate public gathering spots, barbecue and fire pit areas and outdoor spas. The work session format with the planning and environmental commission, along with staff input, has resulted in revisions to the project that are extremely beneficial to the landscape design. Previous plans included a 24 -foot wide driveway with parallel parking spaces all along the front of the building. This resulted in a significant width of asphalt and a difficult landscape design problem. The current approved plans have reduced this large expanse of asphalt to a combined bike path and emergency vehicle access lane. This change in vehicular circulation had opened up more area available for landscape planting and results in a much improved landscape design. Timber Ridge Amendment to Approved Development Plan 8 November 1, 2011 Overall the landscape design represents a tremendous improvement over existing conditions and provides a very functional and meaningful open space and landscape design. The proposed amendments to the plan were carefully designed to eliminate any affect on the approved site and landscape plan. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Timber Ridge is located along the North Frontage Road and the town bicycle and pedestrian path has been designed to pass through the site on Timber Ridge property. The bike path through the site will also serve as an emergency vehicle access. Sidewalks along the building provide access to all entryways and connect to the bike path and to the adjacent bus stop. Vehicular access and circulation is direct and efficient. The North Frontage Road will be improved with acceleration and deceleration turn lanes at the primary vehicular access to the parking garage. Cars will enter the site and directly access the centrally located parking garage. A second vehicular access is shared with the bus stop and provides access to the remainder of the existing Timber Ridge units and to surface parking spaces that will serve short term, business office and drop off needs. Again, the proposed amendment to the approved development plan does not affect in any way the approved pedestrian and circulation plan. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. A full environmental impact report has been completed for the proposed project and evaluated as a part of the design process. The recommend mitigation measures include improvements to the North Frontage Road to allow for appropriate turning movements and Timber Ridge Amendment to Approved Development Plan 9 November 1, 2011 several alternative rockfall mitigation options. The applicant and the Town of Vail will work together towards the final design and implementation of these mitigation measures. The 20% reduction in unit count lessens any impacts and improves the already approved mitigation measures. F. Compliance with the Vail comprehensive plan and other application plans. The proposed amendment to the project density does not have any effect upon the previous consideration of compliance with the comprehensive plan. Timber Ridge Amendment to Approved Development Plan 10 November 1, 2011 5.0 Current Conditions of Approval The March 22, 2010 PEC Development Plan approval included nine conditions of approval. A few of those conditions have been addressed through the DRB process or through further rockfall analysis and a decision to pursue an alternative mitigation strategy. The remainder of those conditions may and should be carried forward with this amended application. For the purpose of this application narrative the assumption is that Town of Vail Community Development Department staff will revise and carry forward conditions as appropriate in their staff report to the Planning Commission. Therefore the previous individual conditions have not been repeated or specifically addressed in this narrative. Timber Ridge Amendment to Approved Development Plan 11 November 1, 2011 6.0 Summary The Town of Vail has determined, through the 2008 Employee Housing Strategic Plan, that the policy of the Town of Vail will be "To ensure there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail. This goal will be met by policies and actions that (1) ensure new development keeps up with this goal, and (2) development projects sponsored by or in partnership with the Town to "catch up" to meet this 30% goal. The Town has initiated several actions. The buy down program and the Town actions to construct low density deed restricted ownership units will continue to provide great ownership opportunities to local families. In order to really make progress in the "catch up" arena a project of significant density is necessary. The Timber Ridge site has the physical and locational attributes to allow for this site to be the best opportunity for the Town of Vail to create a significant increase in deed restricted beds within the community. Vail Timber Ridge LLC believes that we have addressed the program request of the Vail Town Council with a building and site design that is appropriate to the location and the neighborhood and meets all of the criteria required for Housing District Development Plan approval. This proposed redevelopment of a portion of Timber Ridge will provide a tremendous community benefit. The proposed density reduction that is the subject of this amended development plan application is a direct requirement of the lending program. Although this application reduces the number of units and beds available on site the overall project still provides a tremendous benefit to the community. 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II m \ \ Y J '` a e3a „ ST/ O O Q Fn 0 O ^pJ _ r 91',696 wLL //\ 3C Si it LL LLJ o \ \ W S' CZ LM-I (ii W e rl) LL- tijti rn aQ J 3 LL- E2 O \ \.\ \ \ \\.3 c\. /./ a° 0 LL- O 00 z z z0 s .m tll w�g` �WZ� ems° a�LL rr) 5s6 0 W a Q a TOWN *VAIL Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970 - 479 -2158 Fax: 970 - 479 -2166 www.vailgov.com MEMO To: George Ruther From: Public Works Re: DRB Review of Timber Ridge Redevelopment Date: 11/30/11 1. Transit Area; a. Show a connection along the north side of the transit loop (w/ stairs as needed) to a crosswalk across the drive entrance to just south of the club entrance. 2. Engineered analysis on the existing condition of the gabion walls to remain will be required, details on how to connect to existing gabion walls and how to build walls beneath the existing gabion walls will be required, as well as construction shoring plans showing no impact to the adjacent properties. 3. Frontage Road; a. A CDOT access permit approval will be required prior to approval. b. Full CDOT frontage Rd design plans will be required as a part of this project c. A full width overlay will be required as a part of this project for the limits of the Frontage Rd improvements. 4. Accommodations for a bus stop on LRL shall be made. 5. Drainage; a. Provide a Drainage Report 6. A preliminary lighting plan layout has been provided show lighting type, fixtures, power source, dimension spacing. The Frontage Road lighting should match the pending Frontage Rd. Lighting Master Plan. 7. Building; a. Cross -over aisles shall be 30' unless a variance is approved. 8. Traffic Study; a. The Traffic study will need to be updated, once the final program in the development is determined. b. The traffic engineer will need to include in the the traffic report a section on the adequateness of the short term parking spaces. 9. 4' min clearance required behind fire hydrants. Boulder wall behind proposed hydrant at the transit area will need to moved back. 10. The development will require a public art component. 11. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility design. 12. All construction staging issues shall be resolved prior to construction including staging, construction parking plan, phasing, access, schedules, traffic control, emergency access, etc... 13. A ROW/Utility permit shall be obtained and approved by the Town of Vail prior to commencing any construction within public Right of Way. 14. A Town of Vail Revocable ROW permit shall be recorded for all private property improvements located within public ways. 15. A CDOT access permit shall be approved prior to Civil Plan and Building Permit submittal, and a CDOT Notice to Proceed set of plans shall be approved prior to approval of Building Permit. 16. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded with Eagle County. 17. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including; excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). 18. Any excavation shoring methods used that encroach upon adjacent public or private property shall have approval by the appropriate owner and have a recorded easement prior to construction. This includes CDOT and the Town of Vail Right of Ways. 19. A CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. 20. If temporary and /or permanent dewatering is anticipated during construction, a dewatering soils analysis will be required by a qualified licensed engineer analyzing the impact to adjacent properties(i.e. settlement) ED ■ Functional Design ■ Parking Studies Parking Consultants LLC • Investigations • Structural Design April 19, 2010 Mr. Tom Kassmel, PE Town of Vail 1309 Elkhorn Drive Vail, CO 81632 Re: Vail Timber Ridge Project Dear Mr. Kassmel, We understand from Table 5: Parking Lot Standards in Section 14 -5 -1 of the Town of Vail Standards, that the referenced project is not in compliance with crossover drive aisle dimensions. The Town's minimum standard is 30' for two -way traffic flow and the center wall -to- column dimension shown on the plans developed by Humphreys & Partners Architects, L.P. is less than 30'. Rick Pylman provided us project drawings and forwarded to me an email dated April 14, 2010 in which you disclosed the basis for the Town's minimum standard which is Parking Structures, Third Edition, by Chrest, Smith, Bhuyan, Monahan and Iqbal, 2001. In that email you indicated that you would consider a lesser dimension if you were convinced that the narrower width would not compromise the function of the facility. We, of course, are very familiar with the source of the data the Town used in establishing the standard. It is a very good reference document. There are two other sources used throughout the parking industry: The Dimensions of Parking, published by the Urban Land Institute, and Guidelines for Parking Geometrics, published by the Parking Consultants Council of the National Parking Association. It is surprising that neither of these basic publications address the turning radius and aisle dimensions at an end bay in a parking facility. Thus the cited document is the accepted standard because it is written down and can be referred to. You stated the Town is looking at Table 3 -4 and Figure 3 -5 with LOS C criteria in Parking Structures. LOS is an acronym for Level of Service and C is a classification within a range of A to D, with A being the highest rating. The LOS system was developed by traffic engineers years ago to use when designing streets and intersections. The authors of Parking Structures adapted the classification system to parking structures where it focuses on geometry. LOS A provides very generous parking stall sizes, aisle widths, turning radii, hear -room clearances, and so forth. LOS D is used more for urban and congested settings or garages where the user is more familiar and more tolerant. Here are a few comments on the Vail Timber Ridge project: 1. The width between the end of the center wall and the inside face of the column along the center grid is 26' -10 ". The basis for the Town standard, Parking Structures (2009), acknowledges that there are actually three conditions at cross over aisles that warrant different appropriate minimum dimensions. One -Way circulation requires a width of 15' -9 ", 3400 L Bayaud Avenue, Suite 300 • Denver CO 80209 •303.355.1069 • www.parkingconsultantsllc.com Vail Timber Ridge Parking Facility Page 2 Two -Way concentric requires 28' -0 ", and Two -way non - concentric requires 31' -6 ". This garage is designed for concentric operations. For simplicity the Town selected a minimum width requirement of 30'. Parking Structures (2001 ) also acknowledges that the recommended cross -over aisle width dimension can be reduced 3 feet if traffic flow is low for concentric conditions, lowering the two -way concentric standard for a LOS of C to 25' -0 ". 2. A footnote associated with Table 3 -4 in Parking Structures (2001), footnote 3, states "Clear between face of columns: add 3 ft (1 m) from face of column to back of first stall per Figure 34" A typographical error was made in the Figure number - it should be Figure 3 -5. That note is not clear. The 3 ft referred to is between the face of the column and the inboard spaces by the ramps, not the face of the column and the cars parked in the end bay. Looking at Figure 3 -5, Two Way with 90° parking, the 3 ft is toward the (SCO) stalls. Another typographical error is dimensioned by the (SCO) stalls as 3' -6 ", not 3' -0 ". 3. The garage is for residential patrons who will become familiar with its size and shape very quickly and we do not perceive that there will be a large numbers of visitors at the garage. 4. The facility uses the very familiar single thread helix design with a standard 90 degree parking module for two -way traffic flow. It should be familiar to parkers. 5. For this use, it is not uncommon to see a LOS D design even though the LOS C is more comfortable. For LOS D, the dimensions being considered drop to 26' -6" for centric patterns and to 29' -0" for non - concentric.. Based on our review, we feel that the parking structure will serve its patrons well as designed. The 26' -10" lane provided is 1' -10" wider than the 25' -0" LOS C calculated in Bullet 1 above. For this particular facility, we feel it appropriate to grant a variance from the Town minimum width requirement of 30'. In support of this position, we feel that user characteristics may mandate some flexibility in the geometry to maximize efficiencies of the parking facility. The resident owners or renters do not require much more than a parking stall. If its geometry is smaller than some they have seen and used in shopping centers or office buildings, they will adapt and accept the existing conditions. Finally, we applied turning templates to the end -bay and show that vehicles will have acceptable maneuverability with the facility as currently designed. We have enclosed the turning radius document for your information. It is significant to know we used a 19' -0" long vehicle, not the usual 17' -1" vehicle cited in the Parking Structures (2001 ) book. If you would like clarification on any issues, please call (303.355.1069) or send an email: pmack @p arkingconsultantsllc. com. Very truly yours, Pa" D. Mack, Paul D. Mack, PE President Enclosure: Drawing of the garage end -bay with a turning- radius template applied. 3400 E Bayaud Avenue, Suite 300 • Denver CO 80209 • 303.355.1069 • www .parkingconsultantsllc.com PLANNING AND ENVIRONMENTAL COMMISSION November 28, 2011 1:OOpm TOWNOVAI TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Henry Pratt Michael Kurz John Rediker Tyler Schniedman Luke Cartin Pam Hopkins departed at 3:15pm Bill Pierce arrived at 1:09pm MEMBERS ABSENT 80 Minutes Eagle River Valley 10 -Year Waste Diversion Implementation Plan — Discussion of Draft Kristen Bertuglia Kristen Bertuglia gave a presentation on the document. She covered the history and the overall goal to reduce the quantity of waste being directed to the landfill. She highlighted the Town's adopted goal of divert 25% of waste by the year 2020. Commissioner Rediker asked where the 25% reduction goal came from as he felt it was a low goal when compared to other municipalities he researched. Kristen Bertuglia explained that the goal is conservative and came out of the 20/20 visioning process. Commissioner Rediker inquired as to the impact of the landfill filling up on the establishment of the goal. Commissioner Cartin explained that the landfill can add additional "cells" to the landfill as the existing one is filled up. He furthered asked how volumes of waste are being measured. Commissioner Rediker asked for confirmation that there was no mandatory recycling within Eagle County. Kristen Bertuglia explained that there is no mandatory recycle in the county although many pay for it in their trash bill. The Commissioners suggested that a trip to the county recycling facility would be warranted. Kristen Bertuglia explained the differences between commercial and residential recycling. Commissioner Pierce suggested that the result we should move forward with recycling that didn't include a fee. He suggested it might be appropriate to charge a fee for what is thrown away. The Commission discussed the document in depth. The removal of barriers to recycle such as space within individual facilities need to be removed. Commissioner Cartin inquired as to the details of the current RFP the Town has issued for the collection of data regarding recycling in the Town. Page 1 Commissioner Kurz inquired as to how trash is charged at the landfill Kristen Bertuglia explained that it is paid for by weight. Commissioner Rediker inquired for more detail into how residents are being charged for recycling, while not being made aware of the service. Commissioner Cartin discussed some challenges he saw for pay -as -you throw to be implemented for multi - family projects. Commissioner Cartin suggested that the definition of a "hauler" needs to be nailed down. Businesses such as Safeway, City Market, Sports Authority, bail their cardboard and ship it back on the empty trucks. This needs to be counted. Commissioner Pratt suggested that if we are to hit the 25% goal the largest entities need to be captured and that is multi - family and commercial. What is the additional cost to embed recycling in a commercial entities bill? Kristen Bertuglia stated that the cost varies, but it could be around 50% more since there are additional containers needed. Commissioner Pratt stated his concern is that costs add up, and the haulers will pass along costs to the customer. He said costs could become prohibitive. He asked if haulers would leave if requirements were too stringent. Kristen Bertuglia said the haulers would deal with requirements and would not leave this market. The more recyclables, the less tipping fee but the haulers would say the tipping fees are too low to make a difference. Commissioner Kurz asked who makes money from selling recycling. Kristen Bertuglia Jim Lamont of Vail Homeowners Association asked Kristen to clarify the chart on page three of the memorandum. Kristen Bertuglia explained the chart in detail. Jim Lamont then asked about fees associated with hauling. He stated the is it is necessary to make sure the public is made aware of any new potential costs associated with recycling. Commissioner Rediker asked how the hauler imbeds residential recycling. Kristen Bertuglia stated the haulers will not break down numbers. Commissioner Cartin stated that dumpsters get pulled and sometimes they are empty, making the hauler money. He stated some people don't know how much they pay for waste hauling. He added that there is a difference between amount recycled and people involved. Jim Lamont stated that suggesting recycling will be better than mandating recycling. Commissioner Pierce stated the trash haulers need to get on board. Page 2 Kristen Bertuglia stated that an ordinance would need to require certain things from the haulers. Commissioner Kurz stated that the biggest users should be targeted first. He added that without primary homeowners in town, it is difficult to educate consumers. Commissioner Cartin stated that we should encourage the county to do single stream recycling. \ Kristen Bertuglia stated that it would be approximately a one million dollar retrofit to have single stream recycling in the county. Kristen Bertuglia stated that many of the cardboard recyclers behind Community Development may have cardboard recycling already in the commercial cores. She stated that people who want to recycle will recycle and those who do not want to will not without incentives or other drivers. Commissioner Cartin stated that Vail Resorts can optimize recycling to add a few more restaurants. He added that Vail Resorts funds composting in Summit County schools as part of their grant program. Commissioner Pierce asked if there are any issues with combining programs. He also asked if the Town would like to use a high occupancy multi - family building for the grant program. Kristen Bertuglia stated the outreach program needs to be in place before the multi - family pilot program. Commissioner Hopkins asked if contractors are pushing back on construction recycling. Kristen Bertuglia stated that the contractors are pushing back. Commissioner Pierce asked if the Town should increase the number of drop sites in the community. Kristen Bertuglia stated drop off sites tend to get dirty when they are not manned. The Town does not believe there is a need to increase drop off sites. Commissioner Hopkins asked how the town could require trash recycling service and how it could be enforced. Kristen Bertuglia asked the commission if they would like to mandate recycling trash. Jim Lamont stated that a lot of illegal dumping is not done by residents, but out of town individuals. He asked how TIF can be used to get central trash facilities. Commissioner Cartin stated that composting actually removes food waste from your trash, reducing bear and other wildlife issues. Commissioner Kurz stated that low hanging fruit should be tackled, including education of the masses to understand how to recycle currently with their existing haulers. Commissioner Hopkins stated this is like heated driveways, where we should go after the big hotels and big users to make the biggest impact. Jim Lamont asked if it was possible for haulers to report how much waste and recycling occurs in Vail Village and Lionshead. He also stated that the upcoming redevelopment could help with recycling and high density should be targeted. Page 3 Commissioner Rediker stated that while voluntary programs are good, there may be a point where regulations have to get tougher, and prices should get higher for people who do not recycle. The Town is going to have to be tougher. Jim Lamont stated that at some point, there will be a requirement that you will have to pay more to throw away more trash. Commissioner Pratt stated that there should be less mandates but more costly penalties for not recycling. 60 minutes A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Tabled to December 12, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 Kristen Bertuglia made a presentation per the Staff memorandum. Commissioner Kurz asked when the study regarding why Gore Creek had decreasing insect counts would be available. He felt that the report would help to identify the source of the problems causing the decline and thus help focus policy to reduce those impacts. Kristen Bertuglia stated that the report would not be complete for some time and that it was likely that the source of the problem specifically would not be known. Commissioner Cartin stated that what is in place is not working, so there may need to be more aggressive changes to improve water quality. He added that the town should inventory the storm sewer. Kristen Bertuglia stated the storm sewer inventory is not complete Commissioner Cartin added that the Town should control types of landscaping in the stream setback and permanent improvements. Commissioner Rediker stated that all aspects of stream improvements need to occur. Commissioner Cartin stated that funds sometimes don't benefit what they were meant for, but rather remedies should be required. Commissioner Rediker asked if there is consideration given regarding the federal government's definition of wetlands and also asked about the interaction between local wetlands ordinance and what is permitted under federal law. Commissioner Pierce added that most of the stream banks in town are town property so a mitigation fund could help renovate stream banks. Page 4 Commissioner Pratt stated that there is significant stream damage on private property and asked how this could be mitigated. Kristen Bertuglia stated that people could propose mitigation projects on private property. Commissioner Cartin stated that the Town should focus on stream bank health to force private property to fix stream banks even when new development is not occurring. Kristen Bertuglia stated that there will be a big education component. Jim Lamont stated that before the town requires private property, the town should clean up public property. He added that mandating stream bank landscaping needs to be coupled with education. He added that Avon has solved a lot of these issues. Commissioner Cartin stated that the Town needs to understand causes in order to create solutions. He added that the Town would be helped by understanding the sewer pipe inventory. Commissioner Rediker asked if the driveway maximum size was removed because of the best management practices (BMP) requirements. Kristen Bertuglia responded in the affirmative. Commissioner Pratt stated BMPs should get more credit because they are helpful and can be a benefit to homeowners. Rachel Dimond asked if the Commission felt any items were missing from the existing list of points. Commissioner Cartin stated that the Town should focus on things they want to effect instead of grandiose statements. Incentives should be provided and only things that can be controlled should get points. Kristen Bertuglia asked if any points should be mandatory. Commissioner Pratt likes carrots, not sticks. He added that BMPs should get more points. Sod should be dis- incentivized and actually prohibited next to the creek. Commissioner Rediker asked what incentives could homeowners get for maintaining BMPs. Kristen Bertuglia stated if it is built correctly, BMPs could be maintained easily. 5 minutes 2. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of designated view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell ACTION: Table to December 12, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 5 minutes Page 5 3. A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Article 12 -713, Commercial Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) ACTION: Table to December 12, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 5 minutes 4. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to December 12, 2011 MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 5. Approval of November 14, 2011 minutes MOTION: Cartin SECOND: Schneidman VOTE: 5 -0 -1 (Pratt recused) 6. Information Update The Commission discussed the potential for having a joint meeting with the Town Council to discuss their priorities over the next couple of years. 7. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 25, 2011 in the Vail Daily. Page 6 PLANNING AND ENVIRONMENTAL Ad Name: 7324675A COMMISSION Customer: TOWN OF VAIL /PLAN DEPT /COMM DC 12:00pm TOWN COUNCIL CHAMBERS LINCILCHAM Your account 3 Frontage Road West -E 75 South Frontage R111 West -Vail, Colorado, 81:00 - PEC Holiday Lunch 12:OOpm MAIN AGENDA 1:00pm '. .... _ _ _, -- 20 minutes 1 A request for a final recommendation to the Vail ,. . Town Council bra major amendment to Special Development District No. 22, Grand Traverse, pur- PROOF OF PUBLICATION suan, b Section 12- 9A -10, Amendment Proce- tlousin Vail Town Code, b allow the employee housing requirements of the special development distir c, io be met off -site through the pr l:, of Section 12-13-5, Employee Fbusing Unit Deed Re- striction Exchange Program, Vail Town Code; To- STATE OF COLORADO } ted at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, nd 1850 Lions Ridge Loop/ Lots 1 through 24, } SS. Dauphinais- Moseley Subdivision Filing 1, and set ,ing brth details in regard,heneb (PEC110058) Applicant William and Pamela Bailey, represent COUNTY OF EAGLE ed by the Marinello Planning Group Planners Bill Gibson } ACTION: MOTION: SECOND:VOTE: CONDITIONS: 40 minutes 1 A request bran amendment to Approved De- 1, Don Rogers, do solemnly swear that I am a io velopment Plan, pursuant, Section 12- 61 -11, Do qualified Dame°, Plan Required, Housing Zone District, I Vail Town Code, b allow for the redevelopment of representative ofthe Vail Daily. Thatthe same Daily newspaper A Timber an Villa A 1 1 Ridge Village Par men sP with up b 297 new deed restricted employee housing units, and a to printed, in whole or in part and published in the County quest for the review of a variance, from Section Minimum Standards, Parking Lot and Parkin, Parking Structure Design Standards for All Uses, of Eagle, State of Colorado, and has a circulation Vail Town Code, pursuant b Chapter 12 -17, Vari- Vail general lTown ie s,toannyto'acso)swnneo than tl veai therein; that said newspaper has been continuously the required parking structure, located at 1280 is 1 5 h Frontage Road West /Lots 1-5. Block G. I IR published ons Ridge Subdivision Filing setting forth details m regard thereto PEC110059) Applicant Vail Tim ber Ri LLC and uninterruptedly in said County of Eagle for a period of ge Planner: George Ruther 7 _ to the first fifty first fifty-two ACTION: MOTION: SECOND VOTE Ul more than -two consecutive weeks next pni or L L �1 LL L CONDITIONS: 20 minutes A request for final review of plat, pursuant publication of the annexed legal notice or advertisement and d veal ,o Chapter 13 -3, Major Subdivision, Vail Town Code, b allow for a re- subdivision of the Timber that said newspaper has published the requested legal notice Ridge site, located 1280 North Frontage Road / Lots 1 -5, Block O, Lions Ridge Subdivision Filing 1, and swung forth details in reggand 'hello . (PEC110060) ben Ridge, ITC Planner and advertisement as requested. Planner: George Ru,her George ACTION: MOTION: SECOND VOTE CONDITIONS: 5 minutes The Vail Daily is an accepted legal advertising medium, 4 A regC esi bra final recommendation b a, Vail ll2,nZoninglRegulattiionsland me�tsto Title Title l 4, for jurisdictions Colorado's Home Developpment Standards, Vail Town Code, punsu- ant,o Se 12 -3 -7, Amendment, Vail Town only operating under lion Code, top de regulations that will implement Rule sustainagble building and planning standards, and defails in regard ,hereto. provision. (PEW90028),h Applicant Town of Val Planner: Rachel Dimond/ Kristen Benuglia ACTION: Table to January 23, 2012 MOTION: SECOND: VOTE: That the annexed legal notice or advertisement was CONDITIONS: 'minutes 5 A request fora recommendation b the Vail Town in the regular and entire issue of every C prescribed 1 io Section 12 dome, earl Tow, Amendment, Vail Town published suanbna ,Ame Code, to amend Chapter 12 -22 View Corridors, ter number of said daily newspaper for the period of I Vail Town Code, to allow for the maintenance of designated view connidorsimpacted byvegetalion, and selling forth details in regard thereto. consecutive insertions; and that the first of said (PEC110056) AAPlannern' publication Warren Campbell notice was in the issue of said newspaper dated 12/9/2011 and ACTION: Table to January 23, 2012 MOTION: SECOND:VOTE: CONDITIONS: that the last notice dated 12/9/2011 in ' minutes into° 6 A request for findings of fact and a determination publication of said was f accuracy and comp le feness, pp nsuan, Ito the issue Chapter 12 -3, Administration and Entorceme nt Vail Town Code, and Article 12 -7B, Commercial of said newspaper. Core 1 District, Vail Town Code, for applications for major exterior alteration, pursuant to Sec, ion 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, io allow for the addition of GRFA (Rucksack Building), located at In I have here hand day, Bridge lFiling 1, and o h witness whereof, unto set my this B$o sLelling .g Village details in regard thereto. (PEC110045; and a major exterior alteration, pursuant to Sec, ion 12/12/2011, 12 -7B -7, Major Exterior Alf enaRons or Modifications, Vail Town Code, io allow for additions of enclosed floor area, a variance, pursuant b Chapter 12 -17, Variances, Vail Town Code, from Secfion 12- 14 -17, Setback from Wa, encounse, Vail Town Code, to allow for enf inb the Mill Creek setback and ante pursuant , w pursuant fo to Set n 12 Variances, Code, from Section 1ti Siof for Coverage, Val allow br of Coverage, Val Town Code, e viable s enclosed floor area in excess of allowable site e erage, located at 288 Bridge Street, Unit R -1 General Manager /Publisher /Editor (Rucksack Building) /Part of Lo ,s C &D, Block 5A, Vail Village Filing 1, and selling forth details in Vail Daily regard pp,hereto. (PEC110046, PEC110050) ArpelllantRBud Budding, LTC D trStreet Subscribed before in for ACTION: Table to January 9, 2012 and sworn to me, a notary public and CONIDITIONSCOND:VOTE: County Eagle, State Colorado day 12/12/2011. ' minutes A negoes, fonawonksessionol2717,nextenior the of of this I,.ration, pursuantc Section 1 Town, Exterior Alterations or Modif ica,ions, Vail Town Code, to allow bn the redevelopment of the area known as °Ever Vail" (Wes, Lio ns he ad), with muhiple mixed -use structures includin but not limited to, multiple- family dwelling units, ,ynac1mnal tee units, moda,ion units, employee housing units, off nice commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right of- way /U nplan ed (a complete legal description is available for inspection at the Town of Vail Community DwwIopm en, Department), and setting forth details in regard theneb. IF 064) Pamela J. Schultz Notary Public A plic Vail Resorts, represented by Marinello Planni no g Group, C Planner. Warren n Campbell My Commission expires: November 1, 2015 ACTION: Void 8App of November 2$ 011 minutes MOTIONaSEC ON D: VOTE: 9. Information Upciae 10 Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during r gular office hours of the Town of Vail Community Development Department, 75 South Frontage Road. The publiCIS invited 10 attend the project entaion and the site visits that pnecede'he public hearing in the Town of Vail Community De- elopm -1 Department. Please call (970) 479 -2138 for additional intonation. Sign language interpretation is available upon q , with 24 hour notification. Please call (970) 479 -2356, Telephone for the Hear ing Impared, ton information. Community Development Department Published December 9, 2011, in the Vail Daily. (7324675) Ad Name: 7271124A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAIL /PLAN DEPT /COMM NOTICE IS HEREBY GIVEN that the Planning and Your account 3 Environmental Commission of the Town of Vail will - hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on December 12, 2011, at ' 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail PROOF OF PUBLICATION Town Council for a major amendment to Special Development District No. 22, Grand Traverse, pur- suant to Section 12- 9A -10, Amendment Proce- dures, Vail Town Code, to allow the employee STATE OF COLORADO } housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Re- striction Exchange Program, Vail Town Code; lo- t cated at 1402 through 1428 Moraine Drive and COUNTY OF EAGLE } 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais - Moseley Subdivision Filing 1, and set- ting forth details in regard thereto. (PEC110058) I, Don Rogers, do solemnly swear that I am a qualified Applicant: William and Pamela Bailey, represent - ed by the Mauriello Planning Group representative ofthe Vail Daily. Thatthe same Daily newspaper Planner: Bill Gibson A request for an amendment to an Approved De- printed in whole or in part and published in the County velopment Plan, pursuant to Section 12- 6I -11, De- of Eagle, State of Colorado and has a general circulation g g velopment Plan Required, Housing Zone District, Vail Town Code, 5. allow for the redevelopment of 5.24 the Timber therein; that said newspaper has been published continuously an approximate acre portion of Ridge Village Apartments, with up to 297 new deed- restricted employee housing units; and a re- and uninterruptedly in said County of Eagle for a period of quest for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and more than fifty -two consecutive weeks next prior to the first Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Vari- ances, Vail Town Code, to allow for a crossover Ppublication of the annexed legal notice or advertisement and g drive aisle width of less than thirty -feet (30') within that said newspaper has published the requested legal notice p q g the required parking structure, located at 1280 Li- North Frontage Road West /Lots 1-5, Block C, forth ons Ridge Subdivision Filing i,and setting forth and advertisement as requested. details in regard thereto. (PEC110059) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther The Vail Daily is an accepted legal advertising medium, A request for final review of a final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a re- subdivision of the Timber Ridge only or jurisdictions operating under Colorado's Home y p g site, located 1280 North Frontage Road /Lots 1 -5, .1 Rule Block C, Lions Ridge Subdivision Filing 1, and set- ting forth details in regard thereto. (PEC110060) provision. Applicant: Vail Timber Ridge, LLC Planner: George Ruther That the annexed legal notice or advertisement was The applications and information about the propos- als are available for public inspection during office published in the regular and entire issue of every hours at the Town of Vail Community Develop - ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call number of said daily newspaper for the period of 1 970- 479 -2138 for additional information. consecutive insertions; and that the first publication of said p Sign language interpretation is available upon re- 24 Please notice was In the issue of said newspaper dated 11/25/2011 and quest, with -hour notification. call Telephone for the Hearing Im- 970-479r information. paired, for information. that the last publication of said notice was dated 11/25/2011 in Published November 25, 2011, in the Vail Daily. the issue of said newspaper. (7271124) In witness whereof, I have here unto set my hand this day, 12/05/2011. General Manager /Publisher /Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 12/05/2011. Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015